1. ACCEPTANCE OF TERMS OF SERVICE
By using the Thinkster Service ("Service"), of Thinkster Learning Inc ("Thinkster"), you are agreeing to be bound by the following Terms of Service ("ToS"). Thinkster reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes.
2. SERVICE DESCRIPTION
Thinkster currently provides users with a service to learn and practice mathematics and other educational content. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new features, tools, and content, shall be subject to the ToS. You understand and agree that the Service is provided "as-is" and that Thinkster assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
3. ACCOUNT REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Thinkster has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Thinkster has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
As a Thinkster user, you understand that a computer or tablet with a microphone and speakers is required for online tutoring sessions. The device must have access to reliable, high-speed internet.
4. BILLING, PAYMENTS AND CANCELATION TERMS
Paid Memberships: You can find the specific details regarding your membership with Thinkster at any time. Simply log in to the Thinkster Insights App account and go to “My Account.”
By completing the registration, you are expressly agreeing that Thinkster is authorized to automatically charge you the membership fee. You further agree that each billing cycle Thinkster is authorized to automatically charge you the membership fee associated with the type of membership you chose during registration.
Please note that prices and charges are subject to change with notice and will be effective the next billing period. Each month you will be charged the then-current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the selected billing cycle for your student’s membership plan, and will continue to bill every billing cycle thereafter unless and until you cancel your membership. You can visit ‘My Account’ in your Thinkster Insights App to see the commencement date for your next renewal period. We automatically bill your Payment Method on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.
You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. Payments are nonrefundable, and there are no refunds or credits for partially used periods. Affirm and PayPal Credit are absolutely nonrefundable, as your agreement is set directly with the chosen third-party financial company. We may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information in the “My Account” section of the Thinkster Insights App. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancelation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Thinkster Math tutoring sessions are non-refundable.
b. Ongoing Membership
Your Thinkster membership will continue in effect unless and until you cancel your membership or we terminate it. When canceling your membership, you must provide a minimum of 30-day notice. We will bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
Subscription Cancelations: Monthly Billing
Your cancelation is effective 30 days from the date you send the cancelation request. You will have one final payment during this period, at which you will be charged a prorated fee for the period from your monthly billing date to the last day of service. You will continue to have full access to the program until the 30-day period ends.
Subscription Cancelations: Quarterly, Semi-Annual, or Annual Billing
If you send a request more than 30 days before the end of your billing period, you will continue to have access until the paid period ends. We do not provide refunds or credits for any unused or partially used membership periods. Affirm and PayPal Credit are absolutely nonrefundable, as your agreement is set directly with the chosen third-party financial company.
If you send the request less than 30 days before your next billing, your cancelation is effective 30 days from the date you send the cancelation request. You will have one final payment during this period, at which you will be charged a partial/prorated fee. This is for the period from your usual monthly billing date to the last day of service. You will continue to have full access to the program until the 30-day period ends.
We allow a risk-free 7-day exploration period when joining a subscription plan (League, Premier League, or All-Stars). You can submit a cancelation request within 7 days of purchase if unsatisfied, and you will get a full refund.
You must provide a minimum of 30-day cancelation notice and may send in the request to cancel your Thinkster membership at any time.
We do not provide refunds or credits for any unused or partially used membership periods. Subscription and service modifications (such as pauses and plan changes) cannot be layered with your cancelation request.
To cancel your membership, log in to the Parent Insights App and modify the subscription in “My Account,” or write us an email at firstname.lastname@example.org and include "Cancel Membership" and your registered email ID in the subject line.
1:1 Tutoring Packages
We offer a 30-day satisfaction guarantee for our 1:1 High School Tutoring Packages. If not satisified within the first 30 days of purchase, we will refund the remaining, unused tutoring sessions.
Group Classes & Courses
Group Classes can only be canceled within the first 24 hours after the first class, and we will provide a full refund
As stated above, we do not provide refunds or credits for any unused or partially used membership periods.
d. Pause Membership
The ability to pause service for 1-3 months is available only for our customers billed semi-annually or annually. You must provide a 30-day notice to pause service and you can log in to your account on our website to initiate the pause.
If you have an upcoming scheduled billing before the pause start date:
You will be immediately charged when the partial fee for the period between your usual scheduled billing date to the pause start date. On your reactivation date (noted in your settings), you will be automatically charged your full semi-annual or annual membership fee. This will start your next billing cycle from this date.
If you are pausing mid-billing cycle:
Your next scheduled billing date will be extended for the amount of time you are on pause. (i.e., if you pause for 2 months during your cycle, we will push your next scheduled billing date out by 2 months).
You can reactivate your account during a pause at any time prior to the set date of reactivation, and the date on which you manually reactivate your account will become your new billing date.
** Pauses are not available for customers billed monthly or quarterly.
e. Plan Changes
If downgrading your plan, the change will be made at your next billing cycle. Mid-cycle downgrades are unavailable as the service has already been paid for that cycle. If upgrading your plan, you can do so with immediate effect and pay the proration for the upgrade.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will have a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Thinkster of any unauthorized use of your password or account or any other breach of security. Thinkster cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
Thinkster accounts may not be shared by more than one person unless express authorization is given by Thinkster Learning Inc.
7. MEMBER CONDUCT
You understand that all information, including but not limited to data, text, software, photographs, graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service marks, and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Thinkster, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. Thinkster does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Thinkster be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
This subscription is for individual use only and under the guidance of the Thinkster instructor. You have access to unlimited worksheets though Thinkster reserves the right not to provide instructor grading of the worksheets in case of excessive use. The following is a non-exhaustive list of practices that would be considered excessive use: Submitting more than 5 worksheets in a day.Submitting more than 25 worksheets in a week.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. You must go directly through Thinkster Learning, Inc. for tutoring services. You agree not to contact a tutor and offer to pay him/her directly for tutoring services that are separate or apart from Thinkster Learning, Inc.
Tutoring Sessions and Scheduling
Whiteboard tutoring session cancelation must be provided 24 hours prior to the scheduled session. Failure to notify the tutor of the cancelation will result in the inability to reschedule the missed tutoring time. Should cancelation notification be provided 24 hours beforehand, the tutor will allow rescheduling of the session. Sessions must be rescheduled within the same billing period and cannot be carried over to future months.
8. DATA PROTECTION
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Thinkster, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the ToS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. MODIFICATIONS TO SERVICE
Thinkster reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Thinkster shall not be liable to you or any third party for any modification, suspension, or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.
Thinkster, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Thinkster service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Thinkster reserves the right to refuse service to anyone for any reason at any time.
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because Thinkster has no control over such sites and resources, you acknowledge and agree that Thinkster is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Thinkster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or services available on or through any such site or resource.
15. THINKSTER'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Thinkster or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
Thinkster grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Thinkster for use in accessing the Service.
Furthermore, you understand that the Content is protected by copyright and other laws in both the United States and elsewhere. Under the terms of this agreement, it is expressly forbidden to distribute the Content or any portion thereof by any means, including but not limited to electronic and print, to any person or entity who does not have a valid account. Thinkster reserves the right to cancel your organization's license without refund if it is determined that you have violated this portion of the agreement.
16. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Thinkster expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Thinkster makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Thinkster or through or from the service shall create any warranty not expressly stated in the ToS.
17. LIMITATION OF LIABILITY
You expressly understand and agree that Thinkster shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Thinkster has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
18. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 16 and 17 may not apply to you.
19. GENERAL INFORMATION
The ToS constitute the entire agreement between you and Thinkster and govern your use of the Service, superseding any prior agreements between you and Thinkster. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The ToS and the relationship between you and Thinkster shall be governed by the laws of the State of New Jersey without regard to conflict of law provisions. The failure of Thinkster to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ToS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.