Tutor Agreement (Freelance Teachers)
Last updated: 12/09/2025
This Tutor Agreement ("Agreement”) sets forth the terms under which independent freelance teachers ("Tutor”, "you”) provide services through the TowerLingua platform, operated by LYYK UG (haftungsbeschränkt), registered in the Handelsregister of Berlin under HRB 276551 B, with its registered office at Donaustraße 115, 12043 Berlin, Germany, legally represented by its Managing Director, KOUMENI Karmelle ("TowerLingua”, "we”, "our”, "the Platform”).
By registering as a Tutor and offering lessons via TowerLingua, you agree to be legally bound by this Agreement.
1. Independent Contractor Status
- You acknowledge that you act exclusively as an independent contractor (freelancer) (selbständiger Unternehmer).
- Nothing in this Agreement shall be construed as creating an employment relationship or Scheinselbstständigkeit under German law.
- You are free to determine your teaching style, methods, and working hours.
- You are solely responsible for your own tax obligations, social security contributions, and business registrations.
2. Services
- Tutors provide online lessons in various subjects, including but not limited to languages, cooking, yoga, and cultural workshops.
- Lesson formats include:
- Individual Lessons (1:1)
- Group Classes (up to 6 Students)
- Workshops (unlimited participants)
- Tutors ensure that their services comply with applicable laws and do not infringe intellectual property or third-party rights.
3. Responsibilities of Tutors
Tutors agree to:
- Deliver lessons punctually and professionally.
- Provide accurate and truthful profile information.
- Use lawful and copyright-compliant teaching materials.
- Treat Students respectfully and avoid harassment, discrimination, or misconduct.
- Not engage in fraud, misrepresentation, or abusive practices.
4. Prohibited Conduct
Tutors are strictly prohibited from:
- Soliciting or accepting payments directly from Students outside TowerLingua.
- Diverting Students away from TowerLingua ("anti-circumvention clause”).
- Using Student data for purposes other than lesson delivery.
- Uploading illegal, offensive, or harmful content.
TowerLingua reserves the right to suspend or terminate Tutors in breach of these rules, with forfeiture of unpaid earnings.
5. Compensation, Pricing & Payments
- Prices displayed on the Platform are final amounts payable by us (TTC, including VAT where applicable).
- TowerLingua collects payments and transfers the Tutor’s share, after deducting applicable platform fees.
- TowerLingua does not cover bank transfer fees, PayPal fees, or currency conversion charges. Such costs are borne by the Tutor.
- Self-billing: TowerLingua issues invoices on behalf of Tutors for lessons delivered. Tutors expressly accept this arrangement.
- Tutors must declare whether they qualify as Kleinunternehmer under §19 UStG (VAT exemption) or are VAT-registered.
- Tutors remain solely responsible for reporting and paying all applicable taxes.
6. Intellectual Property
- Tutors retain exclusive ownership of their teaching materials, lesson plans, and original content.
- TowerLingua does not claim ownership over Tutor-created content.
- Tutors grant TowerLingua and Students a limited license to use such materials solely for lesson delivery and participation.
7. Reviews & Ratings
- Students may post reviews and ratings.
- TowerLingua may publish these reviews publicly.
- TowerLingua does not guarantee positive feedback and will only remove reviews if they breach Platform rules (e.g., hate speech).
8. Liability
- Tutors are solely responsible for the content, quality, and conduct of their lessons.
- TowerLingua provides only the Platform and payment processing.
- TowerLingua is not liable for disputes, damages, or claims resulting from a Tutor’s services.
- Tutors agree to indemnify and hold TowerLingua harmless from third-party claims arising out of their actions.
9. Data Protection
- TowerLingua processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
- Tutors must also comply with data protection rules when handling Student data.
10. Termination
- Tutors may terminate their participation at any time by closing their account.
- TowerLingua may suspend or terminate a Tutor’s account immediately in cases of breach, misconduct, or reputational risk.
- Upon termination, TowerLingua shall transfer due earnings up to the termination date, unless withheld for fraud or breach.
11. Force Majeure (
Höhere Gewalt
)
Neither party shall be liable for delays or failures caused by circumstances beyond reasonable control, including höhere Gewalt such as natural disasters, war, strikes, pandemics, or government restrictions.
12. Governing Law & Jurisdiction
- This Agreement is governed by the laws of the Federal Republic of Germany.
- The exclusive place of jurisdiction is Berlin, unless mandatory provisions of consumer protection law provide otherwise.
13. Dispute Resolution (VSBG)
TowerLingua is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board under the Verbraucherstreitbeilegungsgesetz (VSBG).
14. Severability (
Salvatorische Klausel
)
Should any provision of this Agreement be or become invalid, the validity of the remaining provisions shall remain unaffected.
In place of the invalid provision, a valid provision shall apply which most closely reflects the intended economic purpose.
15. Entire Agreement
This Agreement constitutes the entire agreement between TowerLingua and the Tutor and supersedes all prior agreements, oral or written.
16. Contact
For any questions regarding this Agreement, please contact:
📧 contact@towerlingua.com
