Terms of service

1. Who we are

ExplicaHub is an online service for tutors, tutoring centres and schools (organizations) to manage their students, families, team, lessons, calendar, attendance and payment records.

It is provided by the ExplicaHub team (we, us). You can reach us at ola@explicahub.com.

These terms are an agreement between us and each person who uses ExplicaHub (you). If you create an organization on behalf of a business, you confirm that you may bind it, and "you" also means that business.

2. Accounts

• You need an account to use ExplicaHub. An account is personal: one per person, never shared.
• Give accurate details and keep them up to date. We ask you to confirm your email address.
• Keep your password secret, and do not use it anywhere else. We recommend two-factor authentication.
• Tell us at once at ola@explicahub.com if you think someone else has used your account.
• You are responsible for what is done with your account, unless it happened because we failed to protect it.
• Staff accounts (owner, assistant and tutor) are for people aged 18 or over.

3. Organizations and roles

An account can belong to one or more organizations, with a role in each:

• the owner creates the organization, manages its settings and its team, and is responsible for it;
• assistants and tutors are invited by the owner, and see what their role allows (a tutor in a team sees their own students and lessons);
• students and guardians may be given a login by the organization, to see what the organization shares with them.

The owner decides who joins the organization and with which role, and can remove access at any time. What a member entered stays with the organization when they leave.

4. Data about students, families and team members

The organization decides which data it keeps about its students, guardians and team, and why. For that data, the organization is the controller and we are its processor, under the data processing terms in section 14. The organization is responsible for:

• having a lawful basis for the data it enters, and informing the people concerned, as data protection law requires;
• obtaining the consent of a parent or guardian where the law requires it, in particular before giving a login to a student under 13;
• keeping the data accurate, and entering only what it needs;
• answering the requests of the people concerned, with our help where needed.

How we handle personal data as a controller, for example your account, is explained in our Privacy policy.

5. Acceptable use

When you use ExplicaHub, you must not:

• break the law, or infringe the rights of others, including their privacy and intellectual property;
• upload content you have no right to share, or content that is unlawful, abusive or harmful;
• upload malware, or try to reach accounts, organizations or data that are not yours;
• test, probe or bypass our security, or use the service in a way that overloads it, such as automated scraping;
• resell or sublicense the service;
• send unsolicited messages to people through the service.

We may remove content or suspend access that breaks these rules (section 11).

6. Your content

What you and your organization put into ExplicaHub (student records, notes, documents, photos, lesson records and so on) remains yours. You allow us to store, copy, display and process it only as needed to provide the service to you, to keep it secure, and as the law requires.

If you publish a public booking page, what it shows (your name, photo, bio, subjects, services, prices, free times and your organization's contact details) is public, and anyone with the link can see it. You can unpublish it at any time. A change can take a few minutes to reach every visitor.

7. Services of other companies

You can connect a Google, Microsoft or Zoom account to sync your calendar and to create video links. Those services are provided by those companies under their own terms and privacy policies, and we are not responsible for them. You choose what to connect, and you can disconnect at any time. What we exchange with them is explained in the Privacy policy.

8. Payments between an organization and its families

ExplicaHub records prices, what is owed, what was paid, packs, credits and plans. It does not collect or move money, and it does not issue invoices. Each organization is responsible for its own prices, policies (cancellations, credits, plans), invoices and taxes towards its families. We are not a party to the agreements between an organization and its families.

9. Fees

The prices and billing terms of any paid plan of ExplicaHub are shown before you subscribe to it. If we introduce or change fees, we tell organization owners at least 30 days before they apply, and you may close your organization before then.

10. Availability, changes and support

We work to keep ExplicaHub available and secure, and we make an encrypted backup every day. We cannot guarantee that it will always be available or free of errors: maintenance, failures of our providers and events outside our control can interrupt it. When we can, we announce planned maintenance that will interrupt the service.

We improve ExplicaHub continuously, and we may change or remove features. If a change removes something important that you use, we tell you in advance whenever we can.

Support is by email, at ola@explicahub.com.

11. Suspension and closure

You can stop using ExplicaHub at any time. A member can leave an organization, and the owner can ask for the organization to be closed and deleted in Settings → Data.

We may suspend or close an account or an organization if it seriously or repeatedly breaks these terms, if it puts the security of the service or of other users at risk, if the law requires it, or if fees due remain unpaid after a reminder. Unless the law or the risk prevents it, we warn you first and give you time to put things right.

When an organization is closed, the owner can ask us, within 30 days, for a copy of the organization's data in a common machine-readable format. After that period, we delete the data as the Privacy policy describes.

12. Liability

We provide ExplicaHub with reasonable care and skill. As far as the law allows, we are not liable for indirect losses, such as lost profits, lost business or lost opportunities, and our total liability under these terms in any 12-month period is limited to the fees the organization paid us in that period, or €100 if it paid none.

Nothing in these terms limits or excludes liability for intent or gross negligence, for death or personal injury, or any liability that the law does not allow to be limited, including your rights as a consumer.

13. Changes to these terms

We may update these terms, for example when the service or the law changes. We tell you about important changes by email or in the app at least 30 days before they apply, and we may ask you to accept the new version. If you do not agree, you may stop using the service and, as owner, close your organization before the change applies.

14. Data processing terms

This section applies when an organization uses ExplicaHub, and it is part of these terms. It sets out what article 28 of the General Data Protection Regulation (GDPR) requires.

• Subject and duration. We process personal data for the organization in order to provide ExplicaHub, for as long as the organization uses it, and until the data is deleted as section 11 describes.
• Nature and purpose. Hosting, storing, organizing, showing, sending by email and backing up the data, and the other operations needed to provide the features the organization uses.
• People concerned. Students, guardians and other contacts of the organization, and its team members.
• Types of data. Identification and contact details, dates of birth, school and learning information, notes, documents and photos, lessons, attendance and lesson records, prices and payment records, and any other data the organization enters, including in custom fields. The organization should not enter special categories of data, such as health data, unless it needs them and has a lawful basis for them.
• Instructions. We process the data only on the organization's documented instructions, which are these terms and the organization's use of the service, unless the law requires otherwise. We tell the organization if we believe an instruction breaks data protection law.
• Confidentiality. Everyone who works for us with access to the data is bound to confidentiality.
• Security. We take the technical and organizational measures described in the Privacy policy, section 10.
• Sub-processors. The organization authorizes us to use the sub-processors listed in the Privacy policy. We announce a new or replaced sub-processor at least 30 days in advance, and the organization may object on reasonable data protection grounds; if we cannot resolve the objection, it may close the organization. Each sub-processor is bound to the same data protection obligations, and we remain responsible for it.
• Transfers. We transfer the data outside the European Economic Area only with the safeguards the GDPR requires, as the Privacy policy describes.
• Assistance. We help the organization answer the requests of the people concerned, and meet its obligations on security, breach notification, impact assessments and prior consultation, as far as the information available to us allows.
• Personal data breaches. We inform the organization without undue delay, and at the latest within 48 hours of becoming aware of a breach affecting its data, with the information we have.
• End of the service. When the organization closes, we return the data on request (section 11) and then delete it, including copies, unless the law requires us to keep it. Copies in backups disappear as the backups expire.
• Audits. We make available the information needed to show that we meet these obligations, and we allow and contribute to audits by the organization or an auditor it appoints, with reasonable notice and under confidentiality.

15. Law and disputes

These terms are governed by Portuguese law, without prejudice to the rules that protect consumers.

If you are a consumer, you can also make a complaint in the electronic complaints book, livroreclamacoes.pt.

16. Contact

Write to us at ola@explicahub.com.