1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and Tearn Inc. ("Tearn," "we," "our," or "us") governing your access to and use of the Tearn mobile application and website (the "Platform"). By registering for an account, accessing the Platform, or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must immediately discontinue all use of the Platform. We reserve the right to modify these Terms at any time; your continued use after changes are posted constitutes acceptance of the revised Terms.
2. Description of Service
Tearn is a two-sided online marketplace that enables students to discover, book, and pay for personalized training sessions with independent skill trainers. The Platform facilitates connections between:
- Students — individuals seeking to learn or improve a skill through one-on-one or group sessions with a qualified trainer
- Trainers — independent contractors who list their skills, set their own rates and availability, and deliver training sessions to students
Tearn provides the technology infrastructure, payment processing, discovery tools, and communication features. Tearn is not itself a training provider and does not employ trainers. All training services are provided directly by independent trainer users.
3. Eligibility
To use the Platform, you must:
- Be at least 18 years of age
- Be a United States resident (during the initial launch period)
- Have the legal capacity to enter into a binding contract
- Not have been previously suspended or permanently banned from the Platform
- Provide accurate and complete registration information
By creating an account, you represent and warrant that you meet all eligibility requirements. Tearn reserves the right to verify eligibility and to terminate accounts that do not meet these requirements.
4. User Accounts
When you create an account on Tearn, you agree to:
- Provide accurate, current, and complete registration information at all times
- Maintain the security of your password and account credentials; never share your login credentials with any third party
- Immediately notify us at support@tearnapp.com if you suspect unauthorized access to your account
- Maintain only one account per person; duplicate accounts are prohibited and may be merged or terminated
- Keep your profile information and contact details up to date
You are solely responsible for all activity that occurs under your account. Tearn is not liable for any loss or damage arising from your failure to maintain account security.
5. Trainer Terms
If you register as a trainer, you additionally agree to the following:
- Accurate skill representation: You must accurately describe your skills, qualifications, experience, and credentials. Misrepresenting your expertise is grounds for immediate account termination.
- Background check consent: You consent to Tearn conducting or facilitating a background verification check as a condition of trainer approval. Tearn reserves the right to decline or suspend trainer accounts based on background check results.
- Professional conduct: You must maintain a professional standard of conduct in all interactions with students, including punctuality, respectful communication, and delivery of the agreed-upon service.
- Independent contractor status: You are an independent contractor, not an employee of Tearn. You are responsible for your own taxes, insurance, and compliance with all applicable laws.
- Rate setting: You have full discretion to set your own hourly rate, subject to any minimum rate floors Tearn may establish. Rates must be listed accurately on your profile.
- Availability accuracy: You must keep your availability calendar current. Repeated cancellations or no-shows may result in account suspension.
- Compliance: You are responsible for complying with all laws applicable to your training activities, including any licensing or certification requirements in your jurisdiction or field.
6. Student Terms
If you register as a student, you agree to:
- Honest use: Use the Platform only for genuine learning purposes; do not create fake bookings or engage in fraudulent activity.
- Payment obligations: Pay all agreed session fees at the time of booking through the Platform's payment system. Attempting to circumvent payment by arranging off-platform transactions is prohibited.
- Respectful conduct: Treat all trainers with respect and professionalism. Harassment, discrimination, inappropriate communication, or any form of abuse toward trainers will result in account suspension or termination.
- Accurate reviews: Any reviews or ratings you submit must reflect your genuine experience. Fake or retaliatory reviews are prohibited.
- Punctuality: You are expected to attend booked sessions on time. Repeated no-shows may result in account restrictions.
7. Payments & Fees
All payments on the Platform are processed by Stripe, Inc. By making a payment, you also agree to Stripe's Terms of Service.
- Session fees: Students pay the trainer's listed hourly rate at the time of booking. Prices are displayed in USD inclusive of any applicable taxes where required.
- Platform fee: Tearn charges a service fee on each completed transaction. The current platform fee is disclosed to trainers during onboarding and displayed during the checkout process. This fee is subject to change with 30 days' notice.
- Trainer payouts: Trainers receive their earnings (session fee minus the platform fee) via Stripe Connect. Payouts are processed on a rolling 7-day basis after session completion, subject to Stripe's standard payout schedule and identity verification requirements.
- Failed payments: If a payment fails, the booking will not be confirmed. You will be prompted to update your payment method.
- Taxes: Trainers are solely responsible for reporting and paying all applicable taxes on their earnings. Tearn will issue 1099 forms to qualifying trainers as required by US tax law.
8. Cancellation & Refund Policy
The following cancellation and refund terms apply to all bookings:
- Trainer cancellation: If a trainer cancels a confirmed session for any reason, the student receives a full refund to their original payment method within 5–10 business days.
- Student cancellation — 24+ hours before session: If a student cancels at least 24 hours before the scheduled session start time, the student receives a full refund.
- Student cancellation — less than 24 hours before session: If a student cancels less than 24 hours before the scheduled session start time, the student receives a 50% refund. The remaining 50% is retained by the trainer as compensation for their reserved time.
- Student no-show: If a student fails to attend a session without canceling, no refund is issued. The full session fee is paid to the trainer.
- Trainer no-show: If a trainer fails to appear for a confirmed session, the student receives a full refund and the incident is flagged on the trainer's account.
- Disputed sessions: Disputes regarding session quality or conduct must be reported within 48 hours of the session to support@tearnapp.com. Tearn will review the dispute and may issue full or partial refunds at its sole discretion.
9. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Harassment or abuse: Harassing, threatening, intimidating, or abusing any user, trainer, student, or Tearn employee
- Fake profiles or misrepresentation: Creating false identities, impersonating others, or misrepresenting your skills, credentials, or identity
- Spam and unsolicited communications: Sending unsolicited commercial messages, phishing attempts, or spam to other users
- Fraud: Engaging in fraudulent transactions, chargebacks, or payment disputes in bad faith
- Circumventing platform payments: Arranging or accepting payment for Tearn-facilitated sessions outside of the Platform's payment system to avoid fees
- Illegal activity: Using the Platform for any unlawful purpose or in violation of any applicable local, state, or federal law
- Harmful content: Uploading or transmitting malware, viruses, or any code designed to disrupt the Platform
- Data scraping: Using automated tools to scrape, crawl, or extract data from the Platform without express written permission
- Discriminatory conduct: Refusing service or engaging in discriminatory behavior on the basis of race, color, religion, gender, national origin, disability, sexual orientation, or any other protected characteristic
Violation of these prohibitions may result in immediate account suspension or termination, forfeiture of pending payouts, and potential legal action.
10. Intellectual Property
Tearn's IP: The Platform, including its code, design, trademarks, logos, and content created by Tearn, is owned by Tearn Inc. and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from Tearn's proprietary content without express written permission.
User content: You retain ownership of all content you upload to the Platform (profile photos, bios, session descriptions, reviews). By submitting content to the Platform, you grant Tearn a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, distribute, and promote that content in connection with operating and marketing the Platform. This license terminates when you delete the content or your account, except where the content has been shared with others or incorporated into aggregated analytics.
Feedback: Any feedback, suggestions, or ideas you submit to Tearn may be used by us without compensation or attribution to you.
11. Disclaimers
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Tearn is a marketplace technology platform only. We do not:
- Employ, endorse, or guarantee the quality of any trainer or training session
- Verify all credentials claimed by trainers (though we conduct reasonable background checks)
- Guarantee the availability of any particular trainer
- Guarantee uninterrupted or error-free operation of the Platform
All trainers on the Platform are independent contractors. The decision to book and engage a trainer is entirely your own, and Tearn is not responsible for the outcome of any training session.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEARN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.
IN NO EVENT SHALL TEARN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO TEARN IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Tearn Inc. and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Platform; (b) your violation of any provision of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; (d) any content you submit to the Platform; or (e) any harm caused by your training sessions or interactions with other users.
14. Dispute Resolution
Informal resolution: Before initiating formal proceedings, you agree to contact Tearn at legal@tearnapp.com and attempt to resolve the dispute informally for at least 30 days.
Binding arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in New Jersey, or virtually if both parties agree. The arbitrator's decision shall be final and binding.
Class action waiver: YOU AND TEARN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Governing law: These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. For matters not subject to arbitration, you consent to exclusive jurisdiction in the state and federal courts located in New Jersey.
Exception: Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm while arbitration proceeds.
15. Changes to Terms
Tearn reserves the right to modify these Terms at any time. When we make material changes, we will:
- Update the "Effective" date at the top of this page
- Send an email notification to your registered address at least 14 days before changes take effect
- Display a prominent in-app notification
If you do not agree to the revised Terms, you must stop using the Platform before the effective date. Continued use after the effective date constitutes acceptance of the revised Terms.
16. Contact
For questions, notices, or legal requests related to these Terms, please contact:
- Legal inquiries: legal@tearnapp.com
- General support: support@tearnapp.com
- Website: tearnapp.com
- Support page: tearnapp.com/support