Effective Date: Dec 11, 2018
Welcome to TutorIQ™, which is a service owned and operated by Age of Learning, Inc. (Company, we, us, or our), in addition to services under your ABCmouse.com® Account. As provided in the ABCmouse.com® Terms and Conditions, these terms constitute Additional Terms. By purchasing a subscription to, registering for, or using TutorIQ, including all of the services provided therein, and any other websites and applications, including, but not limited to, mobile apps, that link to these Additional Terms (collectively, the Services), you acknowledge that you have read and understand these Additional Terms and agree to be bound by them.
To the extent there is a conflict between the ABCmouse.com Terms and Conditions and these Additional Terms, the Additional Terms will control unless these Additional Terms expressly state otherwise. In these Additional Terms, the word you refers to Adult Users and purchasers of the Services. The word Adult refers to a person of legal age who can enter into a contract in the state where the user resides; by purchasing a subscription to, registering for, or using the Services, you represent and warrant that you are an Adult and that you will be responsible for ensuring that any child authorized by you to use and access the Services does so in accordance with these Additional Terms.
2. Summary of Key Points
- By purchasing a subscription to, registering for, or using the Services, you accept these Additional Terms.
- By subscribing to the Services, you agree that we may automatically renew your subscription for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel the Services prior to its renewal date through the procedures described in the Services Cancellation section in Section 3D.
- You agree that your Child User will be recorded via audio and video when they participate in the Sessions. You may also be recorded if participating in a Session and during Services set up. We do not share these recordings with any third parties. Please see Session Recording in Section 5 below.
- Your use of the Services is AS IS, without warranty, and will result in no liability to us. Please see Disclaimer of Representations and Warranties in Section 6 below.
Table of Contents
- Summary of Key Points
- Services Ownership and License
- Session Recording
- Services and Content Use Restrictions
- Disclaimer of Representations and Warranties
- General Provisions
A. Service Fees
The Services and the associated fees under these Additional Terms are in addition to any fees that may be charged under your Account with ABCmouse.com. For existing subscribers of these Services, we may change your fee at any time in our sole discretion at the end of your subscription period, provided that we first notify you by email. All fees plus applicable sales tax are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable additional terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for other subscribers. Failure to pay any fees may result in your inability to access or use the Services.
B. Authorization to Charge for Services
You must use eiher a credit card or other payment mechanism accepted by us (Pay Mechanism) to activate and maintain the Services. You authorize us to charge you through the Pay Mechanism that you use when registering for the Services and selecting an online tutoring plan (Plan). Each Plan will be comprised of a number of tutoring sessions (Sessions) and/or additional Services. You will also be responsible for charges (include applicable taxes) for any products or services that you order that are offered for sale through the Services. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge for the duration of the Services subscription you selected and for up to an additional 90 days. You will not be charged more than the amount for which you purchased your Services subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of the Company, the Company will in no way be responsible or liable to you for any such breach.
C. Billing and Renewal
By activating the Services and selecting your Plan, you agree that we may immediately charge your Pay Mechanism and renew your subscription automatically for the same subscription Plan on the day after your previous subscription ends; and you authorize us to charge you for the subscription Plan, unless you cancel the Services prior to its renewal date through the procedures described in the Services Cancellation section immediately below. We will charge your Pay Mechanism each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price for such Plan.
D. Services Cancellation
To cancel your subscription and avoid future billing, you may cancel your Plan prior to its renewal date through the My Account section of TutorIQ or by contacting our Customer Support team. If you do so, please know that we endeavor to have customer requests handled within 24 hours; however, we cannot guarantee that your cancellation will be registered within that time period. For all Plans, you will continue to be able to schedule and have your Child User attend Sessions for the period of time that has already been prepaid. After you cancel your Plan, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note we do not provide full or partial refunds for prepaid sums. In any event, your Child User can continue to use the Services throughout the remainder of the paid subscription period.
E. Unused Sessions.
To the extent that your Child User has unused Sessions based on your Plan at the end of such Plan period, those Sessions shall expire and will not rollover to the next Plan period. You will not receive a refund or credit due to unused Sessions.
4. Services Ownership and License
As between us and you, the Services (including past, present, and future versions) are owned and controlled by us and their Content is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. The word Content means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, Trademarks); and (iii) other forms of intellectual property.
B. Limited License
Subject to your compliance with the Terms and Conditions, these Additional Terms, and your payment of any applicable subscription fees, we grant you a limited, nonexclusive, revocable, non-assignable, and non-transferable license (License) to access, display, view, use, and play the Content on an Internet-enabled device (an Internet Device) for your personal, noncommercial use only. The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Services, and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Additional Terms or with Company’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcast, sold, licensed, or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.
5. Session Recording
Each Session will be recorded by us so that the tutor conducting the Session (Tutor) may evaluate the Child Users (students) in the Session and so that we may continue to improve the Services. The Company will have access to all of the Sessions, and Tutors will have access to those Sessions they teach. We do not share the recorded Session with any third parties. In addition, we will provide access to participants to view the recorded Sessions for which they were registered during the applicable Plan period. This means that if your Child User misses a Session he or she will still have access to the recorded Session through the existing Plan period. We will also record you during setup of the Services to confirm that your Internet Device has the appropriate audio and video capabilities for effective use of the Services and to obtain your consent in accordance with the Children’s Online Privacy Protection Act (COPPA) requirements. By agreeing to these Additional Terms, you agree that we may record your Child User and yourself, as applicable, via audio and video during use of the Services.
6. Services and Content Use Restrictions
You agree that you will not do any of the following: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that (a) attempt to or do harm to us, the Services or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of privacy, right of publicity, trade secret right, or other proprietary right; (ii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, (iii) install any software, file, or code on the Services that is not authorized by Company, or attempt to do so; (iv) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services; (v) access or collect information from the Services using automated means (such as through scripts, robots, scrapers, or spiders); (vi) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vii) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or its Content; (viii) use the Services for commercial or political purposes; (ix) disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party, including Child Users, without that party’s (or for Child Users, their parent or legal guardian’s) express consent; or (x) otherwise violate these Additional Terms, or solicit, encourage, or facilitate anyone else to do so.
7. Disclaimer of Representations and Warranties
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, we and our parent, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, Company Parties), hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- the Services (including the Content and the User-Generated Content);
- the functions, features, or any other elements on or made accessible through the Services;
- any products, services, or instructions offered or referenced at or linked through the Services;
- whether the Services (and their Content), or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);
- the specific availability of the Services, and whether any defects in the Services will be repaired, or will be repaired, in a particular time frame; and
- whether your use of the Services is lawful in any particular jurisdiction.
THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL ELEMENTS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
8. General Provisions
A. Severability; Interpretation
If any provision of these Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in these Additional Terms will continue in full force and effect. You agree that these Additional Terms will not be construed against us because we drafted them.
B. Updates to Terms
We reserve the right to modify these Additional Terms from time to time in our sole discretion (Updated Terms). You agree that any Updated Terms will be effective immediately upon our posting them on the Services, displaying an alert when you log in to the Services, or by directly communicating them to you (for example, via the email address associated with your ABCmouse.com Account), provided that any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification. If you do not cancel your subscription to the Services within seven days after receiving notice of Updated Terms as described above or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with and to be bound by the Updated Terms.
C. Application of ABCmouse Terms and Conditions
The ABCmouse Terms and Conditions apply to your use of the Services except to the extent that such Terms and Conditions are expressly modified by these Additional Terms. Capitalized terms in these Additional Terms that are not defined herein shall have the same meaning as those terms in the ABCmouse Terms and Conditions.
D. Contact Us
If you have any questions or concerns with respect to these Additional Terms or the Services, you may contact us here.