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Terms of Service

Contents

  • 1. Introduction
  • 2. Registration; Parent Consent
  • 3. Account Setup; Account Security
  • 4. Subscription; Cancellation
  • 5. Privacy
  • 6. Payment; Third-Party Charges
  • 7. Links to Third-Party Websites
  • 8. Changes to These Terms
  • 9. Proprietary Rights; User Content; Feedback
  • 10. License Grant
  • 11. User Conduct
  • 12. Content Moderation
  • 13. AI-Generated Content; Disclaimer
  • 14. Child Safety Reporting
  • 15. Disclaimer of Warranties
  • 16. Indemnity
  • 17. Limitations of Liability
  • 18. Compliance with Law
  • 19. Dispute Resolution by Binding Arbitration
  • 20. Miscellaneous
  • 21. Notices / Contacting Us

Effective Date: September 6, 2026

1. Introduction

These Terms of Service (the "Terms") are an agreement between you and Faithful Tutor LLC. In these Terms, "Faithful Tutor," "Company," "we," "us," and "our" mean Faithful Tutor LLC. These Terms cover the website and web application available at faithfultutor.com (the "Website"). We refer to our Website, together with any content, tools, features, and functionality offered on or through it as the "Services."

These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing or using the Services, you're agreeing to these Terms. If you don't understand or agree to these Terms, please don't use the Services.

In these Terms, "you" and "your" refers to the individual who creates and holds a Faithful Tutor account (the "Account"), whether as a parent or legal guardian managing Child profiles or as a Self-Learner under Section 2 (each, an “Account Holder”).

You must be at least 18 years of age to create an Account.

NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration. That means you also waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained below in the section entitled "Dispute Resolution By Binding Arbitration."

The Services are offered and made available only to Account Holders and Children who are physically located in the United States at the time of access. Faithful Tutor does not offer the Services outside the United States. You may not create an Account, add a Child profile, access the Services, or permit any Child to access the Services from outside the United States. You may not use any virtual private network, proxy, anonymization service, remote access tool, false location information, or other method to access or attempt to access the Services from outside the United States or to conceal your or any Child's location. Faithful Tutor may suspend, restrict, or terminate access if Faithful Tutor determines or reasonably suspects that an Account Holder or Child has accessed or attempted to access the Services from outside the United States.

2. Registration; Parent Consent

Acknowledgements. You acknowledge, understand and agree that:

  • By subscribing to the Services, you are giving the undertakings and consents contained in these Terms and Faithful Tutor’s Privacy Policy (the “Privacy Policy”) on behalf of yourself and, to the extent permitted by applicable law, each minor child whom you add to your Account and for whom you are the parent or legal guardian (each, a "Child"). Each Child may use the Services only through your Account and under your supervision; and
  • You will, in your personal capacity, be bound by the provisions of these Terms and the Privacy Policy in so far as they expressly relate to you.

In order to subscribe to the Services, the Account Holder must be 18 years of age or older. The Account Holder must subscribe to the Services on behalf of each Child added to an Account. You agree not to permit anyone other than a registered Child to use your Account or the Services.

You may add only your own Child or Children to your Account. By adding a Child to your Account or otherwise allowing a minor to use your Account, you hereby represent and warrant that you are the parent or legal guardian of each Child added to your Account. You acknowledge and agree that your indemnity obligations under Section 16 of these Terms will apply to your access to and use of the Services and to each Child's access to and use of the Services through your Account.

To the fullest extent permitted by applicable law, you enter into these Terms on Account Holder's own behalf and on behalf of each Child authorized to use the Services through your Account. Nothing in these Terms is intended to waive any non-waivable rights of a Child or to limit any rights that may not be limited by agreement under applicable law.

Adults 18 years of age or older may subscribe to the Self-Learner tier and create an Account in their own name, without adding Child profiles. Self-Learner Account Holders manage their own account, content settings, and subscription directly. Self-Learner Account Holders assume all rights and responsibilities of the Account Holder under these Terms.

3. Account Setup; Account Security

When you create an Account, you will be asked to create a username (your e-mail account) and password, which you will be solely responsible for safeguarding. You are encouraged to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for your Account.

You are also responsible for keeping your contact information accurate and up to date. You are solely responsible for any activity or actions on or through your account, resulting from the use of your log-in credentials on your Account, whether or not you have authorized such activities or actions.

You represent and warrant that the information you provide to Faithful Tutor upon registration and use of your Account, and at all other timeswill be true, accurate, current, and complete and you agree to update such information as necessary to ensure that it remains complete, accurate and up-to-date.

You agree to notify Faithful Tutor immediately of any breach in the security of your log-in information and of any unauthorized use of your Account. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party, you agree to immediately notify Faithful Tutor by e-mail to support@faithfultutor.com. Faithful Tutor cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements, and you will be solely responsible for the losses incurred by Faithful Tutor and others due to any unauthorized use of your Account.

4. Subscription; Cancellation

The Services are offered on a subscription basis. Faithful Tutor may offer a free trial for new subscribers. Payment information is collected at signup but will not be charged until the free trial period ends. Following any free trial period, your selected subscription plan is charged each month to the payment method on file unless you cancel before the end of the free trial.

Children may not make purchases through the Services. All subscription purchases, billing decisions, cancellations, and refund requests must be made by the Account Holder.

Faithful Tutor offers multiple subscription plans, including an À La Carte option billed per subject per student and a Family Plan covering multiple students at a bundled rate. Current subscription fees, plan details, and available tiers are listed on the pricing page at faithfultutor.com/pricing. Monthly subscriptions automatically renew at the end of each monthly term for the next succeeding monthly term unless cancelled.

Faithful Tutor may change subscription fees at any time. We will notify Account Holders by email at least 30 days before any price increase takes effect. Continued use of the Services after the effective date of a price change constitutes your acceptance of the updated pricing. If you do not agree to a price change, you may cancel your subscription before the effective date. Monthly terms will commence on the day your free trial ends and renew on the same day of each month.

To cancel the subscription at any time, please do so through your Stripe Customer Portal, accessible from your account settings. Upon cancellation, the Services for all Children will terminate at the end of the then-current billing period unless otherwise stated in the cancellation flow. After the free trial, payments are non-refundable unless otherwise required by applicable law. Cancellation stops future recurring charges but does not refund prior charges.

5. Privacy

In connection with your and each Child's use of the Services, you consent, on your own behalf and on behalf of each Child to the extent permitted by applicable law, to Faithful Tutor's collection, use, disclosure, and other processing of information in accordance with the Privacy Policy, located at faithfultutor.com/privacy.

Questions about Faithful Tutor's policies or use of information from children under the age of 13 can be directed to Faithful Tutor LLC, PO Box 1645, Grand Rapids, MI 49501 or at support@faithfultutor.com. You may terminate Faithful Tutor's collection and processing of information in connection with any Child's Account by terminating your subscription through your Stripe Customer Portal, accessible from your account settings.

Faithful Tutor will not use the content of any Child's conversations with the Services to train, fine-tune, or develop generalized artificial intelligence or machine learning models, including models operated by Faithful Tutor or third-party AI service providers. This restriction does not prevent Faithful Tutor from processing Child data as necessary to provide the Services, generate responses, operate the Parent Dashboard, detect or respond to safety issues, maintain security, debug service errors, comply with law, or enforce these Terms, in each case as described in the Privacy Policy.

Faithful Tutor provides an Account Holder with access to each Child's conversation history, issue reports, and account information through the Parent Dashboard. Faithful Tutor does not provide private Child accounts that are hidden from the Account Holder. Faithful Tutor may withhold, restrict, preserve, remove, or separately review content where Faithful Tutor reasonably believes doing so is necessary to protect child safety, comply with law, prevent abuse or exploitation, address security concerns, respond to legal process, enforce these Terms, or operate the Services. Faithful Tutor does not guarantee uninterrupted, real-time, complete, or error-free availability of dashboard content.

6. Payment; Third-Party Charges

Payment. By starting a paid subscription or allowing your free trial to convert to a paid subscription, you authorize Faithful Tutor to charge your payment method with the amount of the applicable subscription fee for your Services on a monthly basis until the subscription is cancelled in respect of all Accounts and Services. If your payment method is a credit card and the details change, your card provider may provide Faithful Tutor with updated credit card details. Faithful Tutor may use these new details to collect the subscription fee for your Services to help prevent interruption to the Services. If you would prefer to opt out of this service, please contact us at support@faithfultutor.com. All fees are listed in United States Dollars. The fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessed by any applicable taxing authority (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder. Faithful Tutor may invoice you for Taxes it is required to withhold and you will pay that amount unless you provide Faithful Tutor with a valid tax exemption certificate authorized by the appropriate taxing authority. You are solely responsible for any fees or charges incurred to use or access the Services through an internet access provider or other third party, including without limitation data charges incurred in connection with use of the Services. Account Holder acknowledges that Faithful Tutor is not liable for third-party charges incurred in connection with use of the Services.

7. Links to Third-Party Websites

The Services may provide links to third-party websites, resources, or services. Faithful Tutor is not responsible or liable for the availability, terms, privacy practices, content, products, or services of any third-party websites, resources, or services. Links to third-party websites, resources, or services do not imply any endorsement by Faithful Tutor. Account Holder is responsible for supervising each Child's use of the Services and any third-party websites, resources, or services accessed through or in connection with the Services.

8. Changes to These Terms

Faithful Tutor may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Website frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on our Website and will provide reasonable notice of the changes by a method reasonably designed to reach you, such as email to the address associated with your Account or a conspicuous notice within the Services. By continuing to access or use the Services, or permitting any Child to access or use the Services, after modifications to these Terms become effective, you agree to be bound by the modified Terms.

9. Proprietary Rights; User Content; Feedback

Faithful Tutor (or our licensor) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in connection with the Services, and is the copyright owner or licensee of all content and/or information provided to you through the Services, unless otherwise indicated. Except as otherwise provided herein, use of the Services does not grant you a license to any content, features or materials you may access through the Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or materials, in whole or in part. Any commercial use of the Services is strictly prohibited, except as allowed herein.

If the Services are used other than as permitted by these Terms, such use may violate copyright, trademark, privacy, communications, and other laws and may give rise to liability. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, copyrightable material, or any other intellectual property by including them on the Services.

The information on the Services, including, without limitation, all text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Faithful Tutor or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

The Faithful Tutor logos and service names are trademarks of Faithful Tutor (the "Faithful Tutor Marks"). Without our prior written permission, Account Holder will not display or use the Faithful Tutor Marks and will ensure that Children do not display or use the Faithful Tutor Marks. Nothing on the Website should be construed to grant any license or right to use any Faithful Tutor Mark without our prior written consent.

As between Faithful Tutor and Account Holder, Account Holder retains all right, title, and interest in and to content submitted through the Service, including essays, notes, written responses, and other materials created by Account Holder or any Child ("Student Content").

License. By submitting Student Content through the Service, you grant Faithful Tutor a non-exclusive, royalty-free, worldwide license to store, process, display, and create derivative works from Student Content solely to the extent necessary to: (a) provide, operate, and deliver the Service; (b) generate progress reports, feedback, and other outputs made available through your Parent Dashboard; and (c) fulfill our obligations under these Terms. This license terminates upon deletion of the applicable Student Content or closure of your account, subject to our data retention schedule.

Faithful Tutor will not use Student Content for advertising or marketing, sell or transfer Student Content to third parties, or use Student Content to train AI models. See Section 5 (Privacy).

You represent and warrant that you have all rights necessary to grant the license in this Section, and that Student Content does not infringe any third-party intellectual property right or violate any applicable law.

If Account Holder or a Child provides suggestions, comments, ideas, or other feedback about the Services, Faithful Tutor may use that feedback without restriction or compensation, provided that Faithful Tutor will not use Child personal information in a manner inconsistent with the Privacy Policy.

10. License Grant

Subject to these Terms, Faithful Tutor grants Account Holder a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services and Faithful Tutor Content, and to permit each Child to access and use the Services and Faithful Tutor Content, solely for personal, non-commercial family use in accordance with these Terms. Any other use is expressly prohibited. Unauthorized use of Faithful Tutor Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.

11. User Conduct

Account Holder is responsible for all content submitted through the Account, including content submitted by any Child. You agree not to submit any content that:

  • infringes any intellectual property or other proprietary rights of any party;
  • you do not have a right to submit;
  • contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • poses a privacy or security risk to any person;
  • constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
  • is threatening, abusive, harassing, tortious, or bullying;
  • is excessively violent or depicts realistic serious violence against a person or animal in graphic detail;
  • is defamatory, libelous, or verifiably false with the purpose of harming others;
  • constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics;
  • is obscene or pornographic;
  • constitutes sexual harassment;
  • constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
  • glorifies or provides instructions for self-harm, including self-injury, suicide, or eating disorders, including extreme fitness and/or body shaming content;
  • promotes terrorism or violent extremism;
  • furthers or promotes criminal activity;
  • seeks to buy or sell illegal drugs;
  • facilitates fully automated decision making that adversely impacts a person's legal rights or creates a binding, enforceable obligation;
  • is intended to use the Services as a substitute for medical, mental health, legal, financial, tax, educational-placement, emergency, or other professional advice, or to make or facilitate a regulated or legally significant decision about any person;
  • interferes with or disrupts the Services or servers or networks connected to the Services;
  • interferes with or appropriates any person's right of publicity by using their name, likeness or persona (a) without permission and (b) outside a permissible context such as non-commercial parody or public commentary; or
  • in the sole judgment of Faithful Tutor, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose Faithful Tutor or its users to any harm or liability.

You likewise agree not to do any of the following in connection with your use of the Services:

  • disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • violate any applicable law or regulation;
  • impersonate any person or entity, or misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
  • lease, lend, sell or sublicense any part of the Services;
  • try to evade any technological measure designed to protect the Services or any technology associated with the Services;
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part, unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying, or other modification;
  • access or use the Services, or permit any Child to access or use the Services, from outside the United States; or
  • use any VPN, proxy, anonymization service, remote access tool, false location information, or other method to circumvent Faithful Tutor's territorial restrictions or conceal the location of any user.

12. Content Moderation

We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, restricting the visibility of content, suspending or removing content from the Services, suspending or terminating your account, and reporting you to law enforcement.

We use automated and manual measures to help identify activities that may be illegal, non-compliant, or fail to comply with these Terms.

You can report content by using the report function available in the Services. You can also report content and make other complaints by contacting us at support@faithfultutor.com. We may use information from reports to investigate suspected violations, operate, maintain, evaluate, and debug safety features, enforce these Terms, comply with law, and protect the rights, safety, and security of Faithful Tutor, users, and others.

13. AI-Generated Content; Disclaimer

To the fullest extent permitted by applicable law, Faithful Tutor is not responsible for AI-generated responses or other output produced by the Services in response to user inputs ("Generated Content"). This includes, but is not limited to, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that although Faithful Tutor may use automated and manual safety measures, AI-generated chats, by their nature, are unpredictable and may produce Generated Content that is inaccurate, incomplete, inappropriate, or offensive. You agree that you must evaluate, and bear all risks associated with, the use of any content or Generated Content. You should not rely on the accuracy or completeness of statements made in content or Generated Content, and if you do so, you acknowledge that it is at your own risk.

The Services are not designed to provide medical, mental health, legal, financial, tax, educational placement, emergency, or other professional advice. Account Holder should not rely, and should not permit Children to rely, on any Generated Content as professional advice or as a substitute for consultation with a qualified professional.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any content (including Generated Content) that is available via the Services. Without limiting the foregoing, we have the right to remove any content that violates these Terms or is deemed otherwise objectionable by us, in our sole discretion.

Faithful Tutor uses automated and, where appropriate, manual measures designed to support child safety and provide parental visibility. These measures are not perfect and may fail to identify, classify, prevent, report, or respond to unsafe, harmful, inaccurate, inappropriate, or unlawful content or conduct. The Services are not an emergency service, crisis hotline, medical provider, mental health provider, legal advisor, educational institution, or substitute for parent, guardian, teacher, clinician, or other adult supervision. Account Holder is responsible for supervising each Child's use of the Services and for seeking appropriate professional, emergency, or law enforcement assistance when needed.

The Services are an educational resource, not an accredited educational institution. Faithful Tutor does not confer academic credits, degrees, diplomas, or other educational credentials. Nothing in the Services constitutes a guarantee or certification of a student's academic progress, knowledge mastery, or compliance with any state homeschool, compulsory education, or reporting requirement. Account Holder is solely responsible for determining whether and how use of the Services satisfies any applicable educational, homeschool, or legal requirements in Account Holder's jurisdiction.

You acknowledge and agree that we may preserve content, metadata, and related account records in compliance with applicable law and our Privacy Policy. You acknowledge and agree that we may disclose content, metadata, and related account records if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Faithful Tutor, its users, or the public.

14. Child Safety Reporting

If you suspect or determine a threat to the health, welfare, or safety of any person, you should contact local law enforcement, emergency services, crisis resources, or other appropriate governmental agencies. Faithful Tutor may review, preserve, disclose, or report account information, conversation content, safety event records, or related records when Faithful Tutor reasonably believes that doing so is necessary to protect a Child, respond to a safety concern, comply with law, prevent abuse or exploitation, address suspected child sexual exploitation or abuse, respond to legal process, or protect the rights, safety, or security of Faithful Tutor, users, or others. Faithful Tutor does not guarantee that it will identify, prevent, report, or respond to every safety issue.

15. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

FAITHFUL TUTOR DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;

FAITHFUL TUTOR MAKES NO WARRANTY THAT THE SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE SERVICES WILL PROTECT ANY CHILD OR THIRD PARTY FROM HARM;

ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM FAITHFUL TUTOR'S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;

NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;

FAITHFUL TUTOR DOES NOT PROVIDE MEDICAL, MENTAL HEALTH, LEGAL, FINANCIAL, TAX, EDUCATIONAL, EMERGENCY, OR OTHER PROFESSIONAL ADVICE AS PART OF THE SERVICES; AND

IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES, SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER SECTION 17 (LIMITATION OF LIABILITY).

16. Indemnity

You agree to defend, indemnify, and hold Faithful Tutor, its directors, officers, employees, agents, affiliates, and Service Providers (meaning Faithful Tutor’s third-party service providers, vendors, hosting and infrastructure providers, payment processors, and subprocessors) harmless from and against any claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

  • your access to or use of the Services, including use of the Services by any Child through your Account;
  • your breach of these Terms or applicable law, including any breach or violation arising from use of the Services by any Child through your Account;
  • unauthorized use or distribution of the Services through your Account;
  • your gross negligence or willful misconduct; or
  • content or materials submitted through your Account, including any claim that such content or materials infringe third-party rights or unlawfully disclose third-party personal information.

Faithful Tutor may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Faithful Tutor in asserting any available defenses. You will not settle any claim that affects Faithful Tutor or imposes any obligation or liability on Faithful Tutor without Faithful Tutor’s prior written consent.

17. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FAITHFUL TUTOR, ITS SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF FAITHFUL TUTOR OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) AGGREGATE DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SERVICES OR ANY CHILD'S USE OF THE SERVICES THROUGH YOUR ACCOUNT BE IN EXCESS OF THE GREATER OF (I) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO FAITHFUL TUTOR DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (II) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SURVIVE TERMINATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

Nothing in these Terms excludes or limits liability to the extent such liability may not be excluded or limited under applicable law.

18. Compliance with Law

You agree to comply with all applicable laws, rules, and regulations in connection with your access to and use of the Services and each Child's access to and use of the Services through your Account. You may not access or use the Services, or permit any Child to access or use the Services, in any manner that would cause Faithful Tutor to violate applicable law, including United States export control, sanctions, or trade restrictions.

19. Dispute Resolution by Binding Arbitration

This section affects your rights so please read it carefully.

Except as provided below, you and Faithful Tutor agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your Account, any Child’s use of the Services through your Account, or the relationship between you and Faithful Tutor will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be held in the location determined by the AAA under its Consumer Arbitration Rules, and judgment on the arbitrator’s award may be entered by any court having jurisdiction.

You and Faithful Tutor agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. If this class and representative action waiver is found unenforceable as to a particular claim or request for relief, that claim or request for relief, and only that claim or request for relief, will be severed and brought in a court of competent jurisdiction, and all remaining claims will be arbitrated.

Faithful Tutor will pay all AAA filing, administration, and arbitrator fees for any individual arbitration you properly commence under these Terms, except that, if the arbitrator determines that your claim was frivolous or brought in bad faith, the payment of such fees will be governed by the AAA Consumer Arbitration Rules.

Nothing in this Section requires arbitration of any claim to the extent applicable law does not permit an Account Holder to agree to arbitrate that claim on behalf of a Child. Nothing in this Section limits your right to bring issues to the attention of federal, state, or local agencies, and such agencies may, if the law allows, seek relief against Faithful Tutor on your behalf.

Notwithstanding this Section, either you or Faithful Tutor may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies for that court, instead of proceeding in arbitration.

For any claim or dispute not subject to arbitration or small claims court under this Section, including any claim for injunctive or equitable relief, you and Faithful Tutor consent to the exclusive personal jurisdiction and venue of the state courts located in Kent County, Michigan, and the United States District Court for the Western District of Michigan.

You may opt out of this agreement to arbitrate by sending written notice to support@faithfultutor.com within thirty (30) days after you first accept these Terms. Your notice must state your name, the email address associated with your Account, and that you do not wish to resolve disputes through arbitration. If you opt out within this period, neither you nor Faithful Tutor will be required to arbitrate disputes between you, and the waivers above will not apply to you.

20. Miscellaneous

  • These Terms and the Privacy Policy constitute the entire agreement between you and Faithful Tutor and govern your use of the Services, superseding any prior agreements between you and Faithful Tutor. You also may be subject to additional terms and conditions that are applicable to certain parts of the Services.
  • You agree that no joint venture, partnership, employment, or agency relationship exists between Faithful Tutor and you as a result of these Terms or your use of the Services.
  • To the fullest extent permitted by applicable law, any claim or cause of action you may have with respect to Faithful Tutor must be commenced within one (1) year after the claim or cause of action arose. This limitation does not apply to claims or causes of action arising from or relating to a Child’s use of the Services, which shall be subject to the applicable statute of limitations under law.
  • The failure of Faithful Tutor to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
  • You may not assign the Terms or any of your rights or obligations under the Terms without Faithful Tutor's express written consent.
  • The Terms inure to the benefit of Faithful Tutor's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
  • Except for the provisions benefiting Faithful Tutor's Service Providers herein, which provisions will be directly enforceable by Faithful Tutor's Service Providers, or as otherwise specifically set forth herein, the provisions of these Terms do not confer any rights or remedies upon any person or entity other than you and Faithful Tutor and our respective successors and permitted assigns.
  • You acknowledge that any actual or threatened breach of provisions relating to intellectual property, unauthorized access, security, misuse of the Services, or confidentiality may cause irreparable harm to Faithful Tutor for which monetary damages may be inadequate. Faithful Tutor may seek injunctive or equitable relief for such breach or threatened breach, in addition to any other rights and remedies available at law or in equity.
  • If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect. The parties intend that any invalid, illegal, or unenforceable provision be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent as closely as possible.
  • California Residents. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
  • In the event of any merger, acquisition, sale of substantially all assets, or other change of control of Faithful Tutor, the data protections set forth in these Terms and the Privacy Policy, including the restriction on generalized AI training using Child conversation content, will continue to apply to Child personal information collected before the transaction unless Faithful Tutor provides notice and obtains any consent required by applicable law. Faithful Tutor will provide Account Holders with notice of the transaction and any material change to the handling of Child personal information as required by applicable law.
  • These Terms, and any dispute or claim arising out of or relating to them or their subject matter, are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 19.
  • The rights and obligations under these Terms which by their nature should survive termination will remain in effect after expiration or termination of your subscription, including provisions relating to intellectual property, warranty disclaimers, limitation of liability, indemnity, dispute resolution, and miscellaneous terms.

21. Notices / Contacting Us

Faithful Tutor may notify you via either email or regular mail. Any inquiries you may have concerning these Terms, or to provide any notice to Faithful Tutor hereunder, should be directed to: Faithful Tutor LLC, PO Box 1645, Grand Rapids, MI 49501, with a copy to support@faithfultutor.com.

See also our Privacy Policy, Children's Privacy Notice (COPPA), and Pricing.