StudyPoint Terms and Conditions

1. Agreement to These Terms

These Terms and Conditions ("Terms") are a legal agreement between you and StudyPoint, Inc., a California corporation and a subsidiary of One Intrax, Inc. ("Intrax") ("StudyPoint," "we," "us," or "our"). They govern your use of studypoint.com and related websites, online tools, and communications (the "Site"), and your purchase and use of our tutoring, test preparation, admissions counseling, and related services (the "Services").

You accept these Terms when you use the Site, create an account, enroll in or pay for Services, or check a box or sign to accept them. If you do not agree, do not use the Site or Services.

IMPORTANT: Section 15 contains a binding arbitration agreement and a class action waiver that affect how disputes are resolved. You may opt out within 30 days as described in Section 15.11.

These Terms work together with our Privacy Policy, our Guarantee Policy, and the quote, invoice, or enrollment confirmation we provide for a specific purchase (your "Enrollment Confirmation"). If these documents conflict, they apply in this order: (a) your Enrollment Confirmation controls for program details, such as price, hours, program type, and tutor tier; (b) the Guarantee Policy controls for guarantee matters; and (c) these Terms control for everything else. Section 15 always controls how disputes are resolved. Marketing materials, website content, and emails or conversations with our staff do not change these documents.

2. Who May Use StudyPoint

2.1 Adults. You must be at least 18 years old and able to form a binding contract to create an account or purchase Services.

2.2 Students under 18. Services for a student under 18 must be purchased by the student's parent or legal guardian ("Parent"). The Parent accepts these Terms for themselves and on the student's behalf, and is responsible for the student's use of the Site and Services and the student's compliance with these Terms.

2.3 Children under 13. The Site is not directed to children under 13. Children under 13 may not create accounts or submit personal information through the Site. A Parent may give us information about a child under 13 to arrange Services, and we handle it as described in our Privacy Policy.

2.4 Adult students. A student 18 or older may purchase Services directly. If someone other than the student pays, the payer and the student are each bound by these Terms.

2.5 Meaning of "you." "You" means the person accepting these Terms and, where the context requires, the student receiving Services.

2.6 Account control. The person who purchased the Services controls billing, refund requests, transfers of hours, and other account instructions, unless applicable law requires otherwise. If adults with authority over the same account give us conflicting instructions, we may pause account changes until they agree.

3. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on the Site with a new "Last updated" date. For material changes, we will notify current customers by email or on the Site at least 30 days before the changes take effect.

Changes apply going forward only. They do not change the price or core terms of Services you have already purchased unless you agree, and they do not apply to disputes that arose before the change. Changes to Section 15 are governed by Section 15.12. Your continued use of the Site or Services after changes take effect means you accept them.

4. Our Services

4.1 What we offer. StudyPoint provides one-on-one test preparation (including SAT, ACT, PSAT, SSAT, ISEE, HSPT, and AP exams), academic subject tutoring, study skills and executive functioning coaching, college admissions consulting, college essay coaching, and small group study programs. The details of your program, such as hours, lesson length, practice tests, materials, and tutor tier, are stated in your Enrollment Confirmation.

4.2 Online and in-home lessons. Online lessons take place in Lesson Space or another platform we designate. In-home tutoring is available only in limited areas and depends on tutor availability. If tutor circumstances or local health guidelines require it, we may move in-home lessons online, with no change to fees, the guarantee, or refund policies. Admissions consulting is delivered remotely.

4.3 Tutor matching and changes. We match students with tutors based on needs, goals, and availability. Rates vary by tutor tier and format. If your tutor becomes unavailable, we will offer a replacement at the same tier or, if none is available, a refund of unused prepaid amounts under Section 8. You may request a different tutor at any time, and we will make reasonable efforts to accommodate you. We do not guarantee the availability of any particular tutor, consultant, day, or time.

4.4 Educational services only. Our Services are educational. They are not medical, psychological, diagnostic, therapeutic, or special education services. Our tutors do not diagnose or treat any learning difference or medical condition, and our Services do not replace evaluation or services from qualified professionals or your school.

4.5 No guarantee of outcomes. Except as expressly stated in our Guarantee Policy, we do not guarantee any particular test score, grade, admission decision, scholarship, or financial aid result. Results statistics on the Site are averages. Individual results vary based on many factors, including the student's effort, attendance, and starting point.

4.6 Admissions consulting. Consultants charge time against your program hours for one-on-one time with you or your child and for work done on your child's behalf, such as writing letters or emails, research, and reviewing documents. Our consultants follow the ethical standards of the Independent Educational Consultants Association (IECA) and the Higher Education Consultants Association (HECA). Admission decisions are made solely by schools. We do not promise admission to any school, and our consultants will not network with college staff on your child's behalf. The student is responsible for the accuracy, authorship, and timely submission of all applications and essays, and we do not write them for students. Students are solely responsible for following each school's policies on the use of artificial intelligence tools. Estimates of admission chances, school fit, and strategy recommendations are our consultants' professional opinions, not guarantees of any outcome.

4.7 Score Increase Guarantee. SAT and ACT programs of 30 or more hours include a Score Increase Guarantee. The guarantee is governed solely by our Guarantee Policy, which sets out which programs qualify, the eligibility requirements, and what we provide if a guarantee is not met. If a guarantee is not met, the remedy is additional tutoring hours as described in the Guarantee Policy, not a refund. Guaranteed hours have no cash value and cannot be transferred to another program or student. Marketing descriptions of the guarantee do not change the Guarantee Policy.

4.8 Third-party tests and trademarks. SAT, PSAT/NMSQT, and AP are trademarks registered by the College Board (PSAT/NMSQT jointly with National Merit Scholarship Corporation). ACT is a registered trademark of ACT Education Corp. ISEE is a registered trademark of the Educational Records Bureau. SSAT is a registered trademark of The Enrollment Management Association. HSPT is a registered trademark of Scholastic Testing Service, Inc. None of these organizations is affiliated with or endorses StudyPoint. Test content, formats, scoring, and policies are set by the test makers and may change. StudyPoint is not responsible for changes testing organizations make to test content, format, scoring, timing, availability, or policies.

4.9 Changes to Services. We may update our curricula, materials, platforms, and programs to improve them or to reflect changes to tests. If a change materially reduces Services you have already paid for, we will offer a substitute of comparable value or a refund of the affected unused amounts.

4.10 Small group programs. Individual students who miss a small group lesson do not receive make-ups or credits, with or without notice. If the entire group needs to cancel, the instructor must receive at least 24 hours' notice for a make-up to be scheduled. If the instructor cancels, a make-up will be scheduled at a mutually convenient time. If one student does not renew beyond the original block of hours, the remaining students may find a new student to join or pay the adjusted 2-student hourly rate.

5. Accounts, Enrollment, and Scheduling

5.1 Accounts. If you create an account, you agree to give accurate information, keep it current, and keep your login credentials confidential. You are responsible for activity under your account. Tell your Program Manager right away if you believe your account has been used without permission.

5.2 Enrollment. You enroll when you accept an Enrollment Confirmation (online, by electronic signature, or by paying for it) and we confirm your enrollment. We may decline any enrollment for any lawful reason, and if we do, we will refund anything you paid.

5.3 Scheduling. Each family is assigned a Program Manager. Lessons are scheduled directly with your tutor or consultant based on mutual availability. We recommend that Parents manage scheduling and set a regular weekly schedule, and students should meet at least once per week. Students are responsible for preparing for each lesson and completing assigned work.

5.4 Cancelling and rescheduling. To cancel or reschedule, contact your tutor or consultant directly at least 24 hours in advance. For tutoring, a lesson cancelled with less than 24 hours' notice, or missed, is charged as 1 hour of instruction at your contract rate. For admissions consulting, a meeting cancelled with less than 24 hours' notice, or missed, is charged for the scheduled time at your contract rate. If a tutor or consultant cancels, we will reschedule at no charge.

5.5 Supervision of minors. For in-home lessons with a student under 18, a Parent or another responsible adult must be present in the home for the entire lesson. Please hold lessons in a quiet common area and keep pets in a separate room. For online lessons, Parents are responsible for supervising the student's device and internet use.

5.6 Communication. Between lessons, tutors and consultants communicate with Parents mainly by email, and may also call or text if the Parent agrees. Students are often copied on these messages. Please report any request to communicate through other channels to your Program Manager.

5.7 Technology. You are responsible for providing a suitable device, internet connection, and any software needed for online sessions. Session time lost because of problems on your side counts as time used. Time lost because of problems on our side or the tutor's side will be made up at no charge.

6. Pricing and Payment

6.1 Prices. Prices shown on the Site are starting rates. Your actual price depends on tutor tier, format (online or in-home), location, and program, and is the price stated in your Enrollment Confirmation. We may change our prices at any time, but changes do not affect Services you have already paid for.

6.2 Pricing errors. If a price on the Site or in an Enrollment Confirmation is clearly wrong, we may correct it. If a correction affects your purchase, we will contact you, and you may either accept the corrected price or cancel for a full refund.

6.3 Registration fee. A one-time, non-refundable $150 registration fee is charged at your family's first enrollment. It is waived for later enrollments and for siblings.

6.4 Materials and third-party fees. Some programs include fees for materials or third-party online practice platforms, such as SSAT and ISEE practice access. These fees are stated in your Enrollment Confirmation and are non-refundable once access has been issued.

6.5 Accelerated programs. A 30-hour SAT or ACT program completed in 7 weeks or less, or an 18-hour program completed in 4 weeks or less, is an Accelerated Program. Accelerated Programs require a Tier 2 or higher tutor and carry a non-refundable $100 fee, charged at enrollment, to cover expedited shipping and turnaround.

6.6 Payment options. Programs are billed at enrollment, before Services are provided. You may pay in full, use a split payment plan when available, or finance through Affirm under Section 7. Each additional payment in a split payment plan carries a $35 fee.

6.7 Payment methods and authorization. We accept Visa, MasterCard, and American Express (credit or debit), and debit or eCheck payments from a personal checking account. Payments are processed through Intuit QuickBooks. By providing a payment method, you confirm you are authorized to use it and authorize us to charge it for the amounts in your Enrollment Confirmation, including scheduled split payments and any automatic renewals under Section 6.12. Your payment information is handled by our processor under its own terms and privacy policy.

6.8 Taxes. Prices do not include taxes unless stated. You are responsible for any applicable taxes.

6.9 Declined or unpaid payments. If a payment is declined or fails, we will contact you for another payment method, and your program will be placed on hold until payment is resolved. We do not charge late fees. Where permitted by law, we may collect unpaid balances by other lawful means, including charging the card on file for amounts you owe or referring the debt to a collection agency.

6.10 Billing errors and chargebacks. If you believe you were charged in error, tell your Program Manager within 45 days after the charge appears on your statement so we can review it. Please contact us before disputing a charge with your bank. If you dispute a charge for Services that were delivered, we may pause Services while the dispute is resolved.

6.11 Referrals, discounts, and promotions. If a family you refer enrolls in a program, they receive a $100 discount, and we add a $100 credit to your account for a future full program for any child in your family. Discounts, promotions, and referral rewards are subject to their stated terms, cannot be combined unless stated, have no cash value, and may be changed or ended at any time without affecting purchases already made.

6.12 Automatic renewal for academic programs. By enrolling in an academic program, you agree that StudyPoint will automatically charge your payment method on file for 6 additional hours at your tutor's hourly rate each time your program reaches 2 remaining hours (for programs that generally meet once per week) or 3 remaining hours (for programs that meet more than once per week). These charges continue until you turn off automatic renewal or your program ends. You may turn off automatic renewal at any time by emailing your Program Manager. After that, we will contact you to confirm each new block of hours before charging. Unused renewal hours are refundable under Section 8.3.

7. Financing Through Affirm

7.1 Affirm is optional. Where offered, you may pay for eligible Services using financing provided by Affirm, Inc. and its lending partners (together, "Affirm"). Affirm financing is available when you enroll and will be offered at online checkout when available. StudyPoint does not make loans or credit decisions.

7.2 Your loan is with Affirm. Any loan is a separate agreement between you and Affirm. Affirm alone decides eligibility, rates, payment terms, fees, and credit reporting. Questions about your loan or payments go to Affirm at affirm.com/help.

7.3 Approval decisions. We have no control over, and receive no details about, Affirm's credit decisions. If Affirm does not approve you, you may pay by another accepted method.

7.4 Your obligations continue. When you finance with Affirm, Affirm pays StudyPoint on your behalf and you repay Affirm. You owe Affirm under your loan agreement whether or not you use all of your Services, unless and until a refund is processed under Section 7.5.

7.5 Refunds on Affirm purchases. Any refund owed under Section 8 for a purchase financed through Affirm is issued to Affirm, not to you directly, and is applied to your loan under your Affirm agreement. Cancelling or pausing Services does not by itself stop your Affirm payments. Keep making payments until Affirm shows the refund on your account. How a refund affects interest or payments you have already made is governed by your Affirm agreement.

7.6 Which company to contact. Questions or disputes about the Services go to StudyPoint. Questions or disputes about your loan go to Affirm.

7.7 Affirm disclosure. Payment options through Affirm are subject to an eligibility check, may not be available everywhere, and are provided by these lending partners: affirm.com/lenders. Your rate will be 0% to 36% APR based on credit. Options depend on your purchase amount, and a down payment may be required. CA residents: Loans by Affirm Loan Services, LLC are made or arranged pursuant to a California Financing Law license. For licenses and disclosures, see affirm.com/licenses.

8. Cancellations, Refunds, and Expiration

8.1 How to cancel. To cancel a program or request a refund, contact your Program Manager in writing. Your Program Manager will determine the refund amount, if any, within 5 business days of your request.

8.2 Before your first lesson. If you cancel before your first lesson or meeting, we will refund everything you paid except the $150 registration fee and any non-refundable fees under Sections 6.4 and 6.5.

8.3 Academic programs (including study skills, enrichment, and summer writing). If your child cannot complete all purchased hours, you may apply the remaining dollar value to tutoring in another subject, test prep, or admissions consulting; transfer it to a sibling; or request a refund, as long as you request it within one year after the last lesson. After one year, the remaining value can still be transferred but is no longer refundable. A refund is the prorated unused portion of your program, minus the registration fee, any discounts applied to the original purchase, and any time the instructor already completed, billed at the instructor's full hourly rate rather than the package rate.

8.4 Test preparation and admissions consulting programs. You may request a refund only if 4 or fewer lessons or meetings have occurred and fewer than 30 days have passed since your child's first lesson or meeting. A refund is the prorated unused portion of your program, minus the registration fee and any time the instructor or consultant already completed, billed at their full hourly rate. After that point, no refund is available, but you may apply your remaining hours to another tutoring program one time.

8.5 Tests not taken. No refunds are issued if your child cannot take the PSAT, SAT, ACT, SSAT, ISEE, or AP exam for any reason, including test date cancellations or postponements, test site closures, or school cancellations.

8.6 Effect on the guarantee. Cancelling a program before completing it ends eligibility for the Score Increase Guarantee.

8.7 No expiration. Prepaid hours do not expire. Refund eligibility is limited as described in this Section.

8.8 How refunds are paid. Refunds are issued to the original payment method and completed within 14 days after the refund amount is determined. Refunds for purchases financed through Affirm are handled under Section 7.5.

8.9 If we cannot provide Services. If we cannot provide Services you paid for (for example, because no suitable tutor is available), we will refund all unused prepaid amounts in full [including the registration fee if no lessons took place].

8.10 Your legal rights. Nothing in these Terms limits any cancellation or refund right you have under applicable law that cannot be waived by contract.

9. Conduct, Safety, and Academic Integrity

9.1 Respectful conduct. Students, Parents, and tutors must treat each other with respect. We may end a session, reassign a tutor, or end Services if anyone engages in harassing, abusive, threatening, discriminatory, or otherwise inappropriate or unsafe conduct.

9.2 Reporting concerns. Report any safety or conduct concern to your Program Manager or call 1-877-883-9764. In an emergency, call 911 first.

9.3 Academic integrity. Our tutors teach; they do not do students' work. Tutors will not complete graded assignments, take tests or quizzes, or write essays or applications for a student, and will not help anyone violate a school's honor code or a testing organization's rules. The student is responsible for the originality of their own work, including following their school's and testing organizations' rules on the use of artificial intelligence tools. We may end Services if we are asked to do any of these things.

9.4 Prohibited uses of the Site. You may not: use the Site for any unlawful purpose; copy, scrape, or collect Site content by automated means, including to train artificial intelligence models; reverse engineer or interfere with the Site or its security; upload malware; impersonate any person; or use the Site or our materials for any commercial purpose without our written permission.

10. Tutor and Consultant Relationships

Our tutors and consultants are StudyPoint employees. As a condition of their employment, they have agreed to work exclusively for StudyPoint and not to solicit or accept work, side jobs, extra tutoring, or other services from our customers directly, or tips, gratuities, or additional compensation. You agree not to offer or arrange any of these. If a tutor or consultant asks you for direct work or additional compensation, please tell your Program Manager right away.

11. Intellectual Property

11.1 Our materials. The Site and all of our materials, including curricula, practice tests, lesson plans, videos, worksheets, and software, are owned by StudyPoint or our licensors and are protected by intellectual property laws. We give the enrolled student a limited, personal, non-transferable, revocable license to use our materials for their own non-commercial education during their program. You may not copy, sell, share, publicly post, or upload our materials to third-party services, except as needed for your own study.

11.2 Our trademarks. StudyPoint and our logos are trademarks of StudyPoint or its affiliates. You may not use them without our written permission.

11.3 Your work. Essays, assignments, and other work a student shares with us remain the student's. You give us a limited license to use that work only to provide and improve the Services. We will not publish a student's work, name, or results without permission.

11.4 Reviews and testimonials. If you submit a review or testimonial, you allow us to use, edit for length, and display it in connection with our Services. We will not identify you by full name or photo without your permission.

11.5 Feedback. If you send us suggestions or ideas, we may use them without obligation to you.

11.6 Copyright complaints. If you believe content on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act to our Privacy Office privacy@studypoint.com.

12. Third-Party Services and Links

The Site and Services may use or link to third-party services, such as video platforms, online practice systems, payment processors, and Affirm. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services or websites we do not control.

13. Privacy, Communications, and Recordings

13.1 Privacy. Our Privacy Policy explains how we collect, use, and share personal information, including information about students. By using the Site or Services, you acknowledge it.

13.2 Electronic communications and signatures. You agree that we may provide agreements, notices, receipts, and other communications electronically, and that your electronic acceptance or signature is as binding as a handwritten one. You may request a paper copy of these Terms from your Program Manager.

13.3 Calls and text messages. When you give us your phone number and agree to receive calls and texts, you agree that StudyPoint staff, tutors, and consultants may call and text you at that number about your inquiry and Services, including scheduling and account messages, and that these calls and texts may use automated technology or prerecorded messages. We will send marketing texts only with your express written consent, and that consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to stop texts or HELP for help. Carriers are not liable for delayed or undelivered messages. You may unsubscribe from marketing emails at any time using the link in the email; we will still send messages about your account and Services.

13.4 Recordings. Calls with our team may be recorded as permitted by applicable law, and we will tell you when a call is recorded where the law requires. Tutoring lessons are not recorded, but content on the online whiteboard may be saved. No participant may record a lesson without the consent of everyone in it.

14. Disclaimers, Limitation of Liability, and Indemnification

14.1 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR OUR GUARANTEE POLICY, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

14.2 Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW: (A) STUDYPOINT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST ADMISSION, SCHOLARSHIP, OR FINANCIAL AID OPPORTUNITIES; AND (B) STUDYPOINT'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS, THE SITE, OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

14.3 Exceptions. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or willful misconduct, or for any liability that cannot be limited under applicable law. Some states do not allow certain exclusions or limitations, so some of the above may not apply to you.

14.4 Indemnification. To the extent permitted by law, you agree to defend, indemnify, and hold harmless StudyPoint and its affiliates, officers, employees, and tutors from third-party claims arising from your violation of these Terms, your misuse of the Site or Services, or your violation of any law or the rights of others.

15. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND STUDYPOINT TO BE RESOLVED BY INDIVIDUAL ARBITRATION INSTEAD OF IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT AS DESCRIBED IN SECTION 15.11.

15.1 Informal resolution first. Before starting arbitration or a small claims case, the party with a claim must send the other a written Notice of Dispute that includes the claimant's name and contact information (for customers, also the email address and phone number used with StudyPoint), a description of the claim, and the relief requested. Send notices to us at StudyPoint, Inc., Attn: Legal, 455 Market Street, Suite 17th, San Francisco, CA 94105, or privacy@studypoint.com. We will send notices to the email address on your account. Within 30 days after a Notice is received, either party may request an individual call to discuss resolution, and the other party will attend in good faith (attorneys may join). If the dispute is not resolved within 60 days after the Notice is received, either party may start arbitration. Statutes of limitation are paused while this process runs.

15.2 Agreement to arbitrate. You and StudyPoint agree to resolve any dispute, claim, or controversy arising from or relating to these Terms, the Site, the Services, the Guarantee Policy, or your relationship with StudyPoint, whether based on contract, statute, tort, or any other legal theory (a "Dispute"), through final and binding individual arbitration, except as stated in Section 15.3. This agreement also covers Disputes with Intrax and our other affiliates, officers, employees, and tutors to the extent they arise from the Site or Services. This Section is governed by the Federal Arbitration Act (9 U.S.C. § 1 and following).

15.3 Exceptions. Either party may: (a) bring an individual claim in small claims court if it qualifies and remains there; (b) seek a court order to stop infringement or misuse of intellectual property; and (c) pursue public injunctive relief in court as described in Section 15.9. Nothing in this Section prevents you from bringing concerns to a government agency.

15.4 Who decides. The arbitrator decides all issues about the scope, interpretation, applicability, and enforceability of this Section, except that a court decides: (a) whether Section 15.5 is enforceable; (b) whether Section 15.10 applies; and (c) whether a claim qualifies for small claims court or public injunctive relief.

15.5 Individual claims only. You and StudyPoint may bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may award relief only to the individual party seeking it and only as needed for that party's individual claim, and may not consolidate the claims of more than one person unless you and StudyPoint agree in writing. If a court decides this Section 15.5 cannot be enforced for a particular claim, that claim alone will be severed and decided in court, not in arbitration, after the individual arbitrable claims are resolved. Nothing in these Terms waives your right to a jury trial for any claim decided in court.

15.6 Provider, rules, and location. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules & Procedures for claims of $250,000 or less, or its Comprehensive Arbitration Rules & Procedures for larger claims, together with the JAMS Consumer Arbitration Minimum Standards of Procedural Fairness (the "JAMS Consumer Minimum Standards"), each as in effect when the arbitration is filed and available at jamsadr.com. If these Terms conflict with the JAMS Consumer Minimum Standards, the Minimum Standards control. If JAMS is unavailable, the parties will agree on another provider, or a court will appoint one. Arbitration may be conducted by written submissions, phone, or video. Any in-person hearing will take place in the county where you live unless both parties agree otherwise.

15.7 Fees. Your share of arbitration fees is limited to the initial filing fee JAMS requires from consumers under the JAMS Consumer Minimum Standards. StudyPoint will pay all other JAMS fees and the arbitrator's compensation. StudyPoint will pay its fees when due, as required by JAMS and applicable law, including California Code of Civil Procedure Sections 1281.97 and 1281.98. Each party pays its own attorneys' fees and costs unless the arbitrator awards them under applicable law. StudyPoint will not seek attorneys' fees or costs from you unless the arbitrator finds your claim was frivolous or brought for an improper purpose.

15.8 Remedies, discovery, and award. The arbitrator will apply the same law and statutes of limitation a court would, and may award any individual relief a court could award, including damages, individual injunctive or declaratory relief, and attorneys' fees where the law allows. The parties may conduct discovery as permitted by the JAMS rules and the arbitrator, which must be sufficient for each party to present its claims and defenses. The arbitrator will issue a written decision explaining the essential findings and conclusions. Judgment on the award may be entered in any court with jurisdiction. An award has no effect on any other dispute or person.

15.9 Public injunctive relief. If applicable law, such as California law, does not allow a claim for public injunctive relief to be waived or arbitrated, that claim will be decided in court after all individual arbitrable claims are resolved, and the court case will be paused until then.

15.10 Mass filings. If 25 or more substantially similar Notices of Dispute or arbitration demands are submitted by or with the help of the same or coordinated attorneys or organizations, they will be administered under the JAMS mass arbitration procedures in effect at the time. Statutes of limitation for those claims are paused while they wait to be heard. A court decides any dispute about whether this Section 15.10 applies. Nothing in this Section prevents anyone from pursuing an individual claim.

15.11 Your right to opt out. You may opt out of this Section 15 by sending notice within 30 days after you first accept these Terms, by email to privacy@studypoint.com or by mail to the address in Section 15.1. Include your name, mailing address, the email address used with StudyPoint, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Disputes will be resolved in court under Section 16.

15.12 Changes to this Section. If we materially change this Section, we will give at least 30 days' notice. A change will not apply to any Dispute for which a Notice of Dispute was sent before the change takes effect. You may reject a change by sending notice as described in Section 15.11 within 30 days after we give notice of it, and the most recent version you accepted will continue to apply to you.

15.13 Survival and severability. This Section 15 survives the end of your relationship with StudyPoint. Except as stated in Sections 15.5 and 15.9, if any part of this Section is found unenforceable, that part is severed and the rest of this Section remains in effect.

16. Governing Law

Except for Section 15, which is governed by the Federal Arbitration Act, these Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any Dispute not subject to arbitration, including if you opt out under Section 15.11, will be brought in the state or federal courts located in San Francisco County, California, and you and StudyPoint consent to their jurisdiction. If you live outside California, you may instead bring your claim in the courts where you live. This does not take away any protection you have under the consumer laws of the state where you live.

17. Suspension and Termination

We may suspend or end your access to the Site or Services if you breach these Terms, fail to pay, or create a safety risk. If we end Services for any of these reasons, we will refund the unused portion of your program, calculated as described in Section 8.3, unless the law requires otherwise. You may stop using the Site and Services at any time. Sections that by their nature should continue after termination will continue, including Sections 6, 7, 10, 11, 14, 15, and 16.

18. General Terms

18.1 Entire agreement. These Terms, together with the documents referenced in Section 1, are the entire agreement between you and StudyPoint about the Site and Services.

18.2 Severability. If any part of these Terms is found unenforceable, the rest stays in effect, except as stated in Section 15.

18.3 No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to enforce it later.

18.4 Assignment. You may not transfer these Terms without our written consent. We may transfer them to an affiliate or to a successor in a merger, acquisition, or sale of assets.

18.5 Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, cyberattacks, internet or platform outages, or public health emergencies. Affected sessions will be rescheduled, or unused prepaid amounts refunded if Services cannot be provided.

18.6 Notices. We may send notices to the email address on your account. You must send legal notices to the address in Section 20.

18.7 Interpretation. Headings are for convenience only. "Including" means "including without limitation." There are no third-party beneficiaries to these Terms, except as stated in Section 14.4.

19. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following notice. You may contact this office in writing or by telephone:

Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs

1625 North Market Blvd., Suite N 112, Sacramento, CA 95834

Phone: (916) 445-1254 or 1-800-952-5210

20. Contact Us

StudyPoint, Inc.

455 Market Street, 17th Floor, San Francisco, CA 94105

Phone: 1-877-883-9764

Support: contact your assigned Program Manager (Monday to Friday, 9:00 am to 6:00 pm local time)

Website: studypoint.com