The problem: a tutoring app is “just a connector” — when tutors underperform, overcharge, or leak student data, is the platform liable? Quick answer: “just an intermediary” is no shield. Online tutoring platforms bear legal duties for tutor vetting — information and fee transparency — user-data protection — complaint handling. Liability depth follows the platform’s actual transactional role.
Actual role decides liability
- Pure intermediaries: listing and connecting only — mainly duties to vet listings, remove violating content, and support complaint resolution.
- Deeply involved platforms: collecting fees, managing schedules, ratings, quality promises — higher, near-provider liability: ensuring vetted tutor quality, handling refunds for failed services.
Many platforms write “total liability disclaimers” into terms — but consumer disclaimers face limits under consumer protection law; disclaimers aren’t absolute.
Four duty groups
- Tutor vetting: verifying tutor identity, credentials, backgrounds before activation; removing violators; publishing student ratings and feedback.
- Fee transparency: publishing fee mechanics, platform fees, refund policies; no hidden charges.
- Data protection: student/tutor personal data (phones, addresses, schedules) — platforms must protect under Law 91/2025 and Decree 356/2025; leaks risk fines up to 5% of revenue.
- Complaint handling: mechanisms receiving and resolving tutor–student complaints and disputes within reasonable time.
When things go wrong: who’s liable?
Poor/abandoned tutoring: tutors primarily liable per agreements; platforms must support resolution, refunds (for platform-collected fees), and tutor-status review. User-data leaks: platforms liable as data processors. Wrongful/hidden fees: platforms must refund and may face consumer-protection penalties.
Frequently Asked Questions
1. Are tutoring platforms liable?
Yes. “Just an intermediary” doesn’t exempt: platforms owe tutor vetting, fee transparency, data protection, and complaint handling — scaled to their actual role.
2. Are “total disclaimer” clauses valid?
Limited. Consumer liability disclaimers face consumer-law limits — not absolute.
3. Leaked student phone numbers?
Platforms as data processors are liable: remediation, notification as prescribed, fines up to 5% of revenue (Decree 356/2025).
4. Tutor abandons class — where to claim?
From the tutor per agreement; for platform-collected fees, demand platform-supported refunds per published policies.
5. Hidden platform fees?
A violation. Non-transparent, hidden fees breach transparency and consumer-protection duties — refunds plus possible penalties.
This article has been quality-reviewed by the FLAW AI Legal Council.