Terms of service

Last Updated:  March 10, 2024

The Tandem mobile applications for experts and students (collectively, the “Platform”) are operated by Tandem Platforms, Inc. (“Tandem"), a Delaware corporation.  Throughout these Terms of Service (“Terms”), the terms "we", "us" and "our" refer to Tandem and "you" and "your" mean a user of the Platform.

These Terms set out the terms and conditions on which we agree to make available, and you agree to access and use the Platform. These Terms apply to all users of the Platform, so please read them carefully before accessing or using the Platform.

BY ACCESSING OR USING THE PLATFORM OR CLICKING “ACCEPT”, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

1.     Changes to these Terms

We may change these Terms at any time in our sole discretion. All changes will be effective immediately upon posting to our Platform. Using our Platform after changes are posted constitutes your agreement with those changes. Material changes will be conspicuously posted on our Platform or otherwise communicated to you.

2.     Privacy Policy

We may collect certain information about you and about your use of the Platform as described in our Privacy Policy, which describes our information collection, use, and sharing practices.  If you do not agree to our collection, use or disclosure of your personal information as described in our Privacy Policy, do not access or use the Platform or send us personal information.

3.     Content and Use of the Platform

The Platform, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Tandem or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in these Terms, Tandem reserves all rights in and to the Platform and Content, including all intellectual property rights.  You may only use the Platform for your personal, non-exclusive use, so long as you comply with these Terms, all other terms posted throughout the Platform as applicable to you (if any), and all applicable laws.  You may only use the Platform for its intended purposes for which it is made available to you by Tandem.

5.     Use in the United States

We do not guarantee that use of the Platform will be available or permitted in any location other than the United States.  If you choose to access the Platform from a location other than the United States, you do so at your own risk.

THE EXISTENCE OF THE PLATFORM SHALL NOT BE CONSTRUED AS TANDEM OR THE TANDEM PARTIES OFFERING THE PLATFORM TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF THE PLATFORM IS PROHIBITED BY LAW.

6.     Use of Marks

Tandem owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any Marks except as expressly agreed to in writing in advance by Tandem, or as otherwise permitted in these Terms.  The Platform may also contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s prior written consent.

7.     Feedback

If you submit comments or feedback to us regarding the Platform (“Feedback”), we may use such Feedback for any purpose, including marketing, without attribution or compensation to you in accordance with our Privacy Policy.

8.     Signing Up for Tandem

Tandem allows users to sign up for the Platform as an expert via the Tandem Expert app, or a student via the Tandem app (collectively, expert and student “Accounts”).

Before making any purchase, a student will be prompted to either create an Account or sign in. Student users must be at least sixteen (16) years of age to create an Account. If you are a parent or guardian of a student who is under 16 years of age, you may make an Account to use on behalf of your child. 

If you are an expert, you will be able to join Tandem and create an Account after providing the required information in the registration process. To create an Account as an expert, you will also be required to create a bio, select your price for your sessions, and insert your bank account information to receive payments via Stripe. Individuals who have received any official disciplinary complaints or actions are prohibited from registering for an Expert Account. Tandem may, but has no obligation to, review any complaints or disciplinary databases as set forth in our Privacy Policy. 

As an expert or student, regardless of Account type, you are responsible for all activities that occur under your Account. You are responsible for keeping your login credentials and any other verification information used to sign-in to your Account confidential.  Do not share your Account or passwords with any other person.  Each person using an Account must use their own separate log-in information.  Do not access or attempt to access any Account that is not yours unless you are a parent or guardian who creates an Account on behalf of their child who is under 16 years of age.  If you believe that your Account has been compromised, you must immediately contact us as set forth below. We may disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. If you choose to close your Account, you may do so in your Account settings.  Deletion of an Account cannot be undone, and all information and purchases will be lost. 

9.     Fees

Tandem does not charge a fee to download the apps.  Students pay for either single sessions or subscriptions based on an individual expert’s rate. As a student, you are responsible for paying all fees owed. All fees are quoted in U.S. dollars and payments are facilitated through a third-party payment processing service, Stripe. You represent and warrant that you are authorized to use any and all payment information you provide. If your payment method fails, we may collect fees owed using other collection mechanisms. Fees are non-refundable. 

Experts are responsible for setting their prices for sessions and subscriptions, and Tandem will charge experts a twenty five percent (25%) fee for each session or subscription is purchased. Experts will be paid via Stripe monthly. Experts are responsible for providing all coaching sessions that a student has paid for as they are not refundable. Experts have the availability to block off their availability for new students, but are not able to limit or restrict any sessions with current students or subscribers. It is the expert’s responsibility to make such adjustments as necessary. 

10. Content Requirements

As a student, you will be prompted to upload video content for the expert to evaluate your performance and provide feedback. You have the ability to record directly within the Platform or upload existing content onto the Platform. You are responsible for ensuring that the content is relevant and clear. You have the option of adding a message along with the video. If you are a subscriber, you may send and respond to messages from the expert. 

As an expert, you must provide feedback to a student in the form a response video. Experts are responsible for providing relevant and clear feedback. A response video is required within 10 days of a student uploading a video. If a student subscribes to your sessions, you are required to provide those sessions within that month.  If a student is a subscriber, you have the option to send and respond to messages from the student. 

Tandem has no obligation to review or monitor any videos or content and is not responsible for the accuracy or quality of expert advice. 

11. Purchases and Subscriptions

Students will be prompted to choose to purchase a single session or a subscription. By subscribing to an expert, a student consents to recurring automatic monthly payments until such subscription is cancelled. Subscriptions are based on multiple sessions with the same expert and cannot be combined with other experts. Any unused purchases will not roll over to the following month. Students may cancel their subscription any time in their Account under the “Payments” tab. Such cancellation will be effective prior to the following billing month. Details regarding your Subscription term and status may be viewed and managed in your Account settings. Your subscription will auto-renew after your initial subscription period unless you turn off auto-renew in your Account settings. Beginning at the end of your initial subscription period, and until you turn off auto-renew, your subscription will automatically renew each month and your payment method will be charged the monthly fee shown in your Account settings.  Details regarding your subscription term and status may be viewed and managed in your Account settings. 

12.    Restrictions on your Use of the Platform

Except as otherwise expressly stated elsewhere in these Terms:

  • You shall not copy, duplicate, reproduce, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Platform without our prior written consent. Without limiting the foregoing, you shall not copy, or use a copy of, the Platform or any of its Content without our prior written consent.

  • You shall not use the Platform for unlawful purposes.

  • You shall not submit inaccurate, incomplete, or out-of-date information via the Platform, or commit fraud or falsify information in connection with your use of the Platform.

  • You shall not engage in data mining or similar data gathering or extraction activities from the Platform. You shall not use the Platform to harvest email addresses, names or other information of the users of the Platform or to spam other users of the Platform.

  • You shall not access, use, or copy any portion of the Platform or its Content, including through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

  • You shall not use the Platform to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Platform, the servers used to make the Platform available, or any other network, computers, hardware, software or systems ("Virus").

  • You shall not engage in activities that aim to render the Platform inoperable or to make its use more difficult.

  • You will not access the Platform for the purpose of engaging in competitive activities with us or our affiliates.

  • You shall not: (i) use or attempt to access an Account or passwords that are not yours, (ii) misrepresent your identity in any way, (iii) intercept messages without permission, or (iv) use our computing resources beyond your authorization.

  • You shall not frame, mirror or circumvent the navigational structure of any part of the Platform.

  • You shall not upload, distribute, transmit, or post anything to or through the Platform that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

  • Experts are prohibited from soliciting or requesting information of students aside from basic information required to provide the expert services and feedback. 

  • Experts are prohibited from providing expert advice or coaching services outside of the Platform. 

  • Experts are prohibited from downloading, recording, or otherwise publicly sharing or posting student content that is not accompanied by a “share” button.

  • You shall not engage in any conduct while using the Platform that we consider inappropriate, unauthorized, or contrary to the intended purpose of the Platform.

13.     NO WARRANTY

THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TANDEM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. TANDEM MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE PLATFORM IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  TANDEM DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE PLATFORM.  TANDEM DOES NOT WARRANT OR GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR REPRESENTATIONS, AND IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

14.    LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TANDEM OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS, (TOGETHER, “TANDEM PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A TANDEM PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE PLATFORM.

WITHOUT LIMITING THE PREVIOUS PARAGRAPH, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE TANDEM PARTIES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM, OR THESE TERMS, EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15.     INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE TANDEM PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE PLATFORM, AND (C) YOUR BREACH OF THESE TERMS.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION OBLIGATIONS HEREIN).

16. Text Messages

If you elect to receive marketing text messages from us, either via the Platform or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email contact@requesttandem.com

In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier.  Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages.  Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.

Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator.  Text Message services are provided on an “AS IS” basis.  Data obtained from you in connection with any Text Message services may include your cell phone number, your carrier’s name and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.  For more information on how we use telephone numbers, please read our Privacy Policy.

By signing-up to receive Text Messages, you are representing that you own or have the exclusive right to use the phone number you provide to us.  If you change or deactivate the phone number you provided, you have an affirmative obligation to update your Account information and the phone number(s) attached to your Account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your Account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

   

17. Third Party Websites

The Platform may link to, or be linked to, websites not maintained or controlled by Tandem. Those links are provided as a convenience and Tandem is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Platform to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.

18.    Compliance with Laws

When you use the Platform, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

19.    Children

The Platform is not directed at children under the age of sixteen (16) years old.  If you are under 16 years old, you must immediately stop using the Platform. If you are a parent of a child under the age of 16, you may create and use an Account on their behalf. 

20.     Termination

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Platform, and we may restrict your access to the Platform. Tandem may suspend or terminate the Platform or your Account, in whole or in part, at any time in its sole discretion for any reason.  Tandem is not liable to you or anyone else for any damages arising from or related to Tandem’s suspension or termination of your access to the Platform or your Account, or in the event Tandem modifies, discontinues or restricts the availability of the Platform (in whole or in part).

21.    Platform Unavailability

Without limiting the generality of the previous section, the Platform may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

22.    Governing Law

Unless otherwise required by applicable law, these Terms, and your access to and use of the Platform, are governed by the laws of the State of Wisconsin, without regard to its conflict of laws principles.  Subject to the arbitration clause below, and unless otherwise required by applicable law, venue is exclusively in the state or federal courts, as applicable, located in Milwaukee County, Wisconsin, and the parties expressly agree to the exclusive jurisdiction of those courts.

23.    Cooperation with Law Enforcement

Tandem will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD TANDEM AND THE TANDEM PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

24.     Assignment

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of Tandem’s successors and assigns.

25.    Entire Agreement

These Terms, the Privacy Policy, and any terms posted throughout the Platform (if any) are the entire agreement between you and Tandem with respect to your access to and use of the Platform.  In the event of a conflict between these Terms and or Privacy Policy, our Privacy Policy will control.

26.     Waiver

Tandem’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Tandem.

27.    Severability

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

28.    Electronic Communications

These Terms and any other documentation, agreements, notices, or communications between you and Tandem may be provided to you electronically to the extent permissible by law.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

29.    Terms Applicable to New Jersey Customers

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft).  The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.  Tandem reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

30.    Contact Us

If you have any questions or concerns regarding these Terms, contact us at:

Tandem Platforms, Inc.
 920-241-3565
contact@requesttandem.com