Terms & Conditions

1. Eligibility and Account Registration

1.1 Parental Responsibility: All accounts must be registered by a Parent or Legal Guardian aged 18 or older. We do not contract directly with minors. By creating an account, you represent that you are the legal parent or guardian of the student and have full legal authority to enter into this agreement.

1.2 Accurate Information: You agree to provide accurate, current, and complete information during registration and to keep such information updated.

2. Payment and Billing

2.1 Prepayment Required: All fees for tutoring sessions, packages, or subscriptions must be paid in full via our secure payment gateway prior to the commencement of services.

2.2 Refund Policy: Refunds are available for unused sessions if requested in writing within 3 calendar days of purchase. Refunds will be issued minus the payment processor's transaction fee (typically 2.9% + $0.30 per transaction). No refunds will be issued after the 3-day window or once all sessions in a package have been scheduled.

2.3 Chargebacks: Initiating a chargeback without first contacting us to resolve the dispute constitutes a breach of these Terms. We reserve the right to suspend services pending chargeback resolution.

3. Cancellation and Rescheduling

3.1 Notice Period: To reschedule or cancel a session without penalty, written notice must be provided at least 24 hours in advance via email or phone.

3.2 Late Cancellations and No-Shows: Cancellations made with less than 24 hours' notice, or sessions where the student fails to attend ("no-show"), will result in the session being forfeited without a refund or credit.

3.3 Tutor Absence: If your assigned tutor is unable to attend a session, we will provide a qualified substitute tutor or credit the session back to your account. You will be notified as soon as practicable.

4. Code of Conduct

4.1 Student Behavior: Students are expected to behave respectfully toward tutors and any platform participants. We reserve the right to terminate a session or permanently suspend an account — without refund — if a student engages in bullying, harassment, abusive language, or other inappropriate behavior.

4.2 Parental Supervision: For students under the age of 12, we recommend a Parent be present in the home (though not necessarily in the session) during online tutoring for safety and technical support purposes.

4.3 Recording: Sessions conducted via Zoom may not be recorded by the Parent or student without prior written consent from Emerald Tutoring Services and the assigned tutor.

5. Intellectual Property

5.1 Ownership: All tutoring materials, lesson plans, worksheets, and content provided by Emerald Tutoring Services or its tutors ("Materials") are the intellectual property of Emerald Tutoring Services and are protected under US copyright law.

5.2 Limited License: Materials are licensed to the enrolled student for personal, non-commercial educational use only. You may not reproduce, distribute, sell, or publicly share any Materials without prior written permission from Emerald Tutoring Services.

6. Disclaimer of Warranties

6.1 No Guarantee of Results: While our tutors are highly qualified, Emerald Tutoring Services makes no guarantees regarding specific academic results, test scores, grade improvements, or school admissions outcomes. Academic success depends on the student's individual effort, attendance, and consistency.

6.2 "As Is" Service: Our platform and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, to the fullest extent permitted by applicable law.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Emerald Tutoring Services, its owners, officers, employees, and contractors shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to the use of our platform or tutoring services, including but not limited to lost profits, loss of data, or academic outcomes. Our total aggregate liability for any claim arising under these Terms shall not exceed the total amount paid by you for the specific service giving rise to the claim in the three (3) months preceding the claim.

8. Dispute Resolution and Arbitration

8.1 Informal Resolution: Before initiating any formal dispute, you agree to contact us at info@emeraldtutoringservices.com and attempt to resolve the matter informally within 30 days.

8.2 Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in Austin, Texas.

8.3 Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

8.4 Exceptions: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

9. Force Majeure

Emerald Tutoring Services shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, internet or telecommunications outages, pandemics, government actions, or platform downtime. In such events, we will make reasonable efforts to reschedule affected sessions or issue account credits.

10. Compliance

10.1 Sanctions Compliance: We operate in strict accordance with US Department of the Treasury Office of Foreign Assets Control (OFAC) regulations. By using our services, you represent and warrant that you and the student are not located in, or a national or resident of, any OFAC-sanctioned jurisdiction, and that you are not listed on any OFAC sanctions list.

10.2 COPPA: We comply with the Children's Online Privacy Protection Act (COPPA). All accounts must be created and managed by a Parent or Legal Guardian.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 14 days' advance notice via email to your registered address before changes take effect. Non-material changes (such as formatting or clarifications) will be effective upon posting. Your continued use of the services after the effective date of any changes constitutes your acceptance of the updated Terms.

12. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Subject to the arbitration agreement in Section 8, any legal action shall be brought exclusively in the state or federal courts located in Travis County, Texas.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Emerald Tutoring Services with respect to the subject matter herein and supersede all prior agreements and understandings.

15. Contact Information

For questions regarding these Terms, please contact:
Emerald Tutoring Services
Email: info@emeraldtutoringservices.com
Phone: 832-660-8506