Learn Your Way Literacy — Terms of Service
READ CAREFULLY. These Terms of Service (the "Terms") form a binding contract between you and LYWL. Section 14 contains a binding arbitration clause and a class-action waiver. By creating an account or enrolling a student, you accept these Terms.
1. The Service
LYWL provides small-group online literacy tutoring for K-12 students, with a specialty in instruction for students with dyslexia and other learning differences (the "Service"). Sessions are conducted online via Zoom, in groups of four to six students, in fifty-minute blocks, packaged as twenty-four-session programs ("Programs"). LYWL is a tutoring service. LYWL is not a school, is not accredited as one, and does not award credit or grades that satisfy compulsory-education requirements.
2. Eligibility and Accounts
a. Adult account-holder. You must be at least eighteen years old and the parent or legal guardian of the student you enroll (the "Student"). By creating an account you represent that you have legal authority to consent on behalf of the Student.
b. One account per family. A single parent or guardian account may enroll multiple Students.
c. Account security. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us at info@learnyourwayliteracy.com promptly of any unauthorized use.
d. Accuracy. Information you provide (billing, contact, Student grade level, learning needs) must be accurate and kept current.
3. Enrollment, Pricing, and Payment
a. Two-step enrollment. Enrollment proceeds through two sequential Stripe Checkout sessions: an initial reading assessment ("Assessment") followed, upon completion of the Assessment and any post-Assessment placement review, by tuition ("Tuition"). Tuition may not be purchased without a paid Assessment associated with the same parent account and Student; see Section 3(d).
b. Assessment fee. The Assessment list price is $197, currently offered with a standard $100-off promotional code (effective price $97). The Assessment fee is paid by credit or debit card only; buy-now-pay-later financing is not available at the Assessment step. The Assessment fee constitutes the verifiable parental consent transaction described in our COPPA Direct Notice and Privacy Policy.
c. Tuition. Tuition is $1,349 per twenty-four-session Program for the Standard track and $1,499 per twenty-four-session Program for the Structured Literacy track. Tuition is billed in a single quarterly prepayment at enrollment, payable by credit or debit card or by a BNPL Provider (defined in subsection (f)).
d. Assessment as prerequisite. A completed Assessment is required for each new Student and for each new Program of study (a Student transitioning between Programs is treated as a new Program for this purpose). If Tuition is collected without a corresponding paid Assessment (for example, via a stale or shared link), LYWL will not commence services and will offer the Assessment retroactively; the refund window in Section 4(a) runs from the Tuition payment date.
e. Placement tier adjustment. If post-Assessment review indicates that the Structured Literacy track is the appropriate placement for a Student initially enrolled in the Standard track, LYWL may collect the $150-per-quarter difference following the parent's express verbal consent recorded on the post-Assessment results call. The adjustment is processed as a supplemental charge to the parent's payment method or as a new Checkout session, at LYWL's election.
f. Payment processors and BNPL Providers. All card processing is performed by Stripe, Inc., and you agree to Stripe's terms by providing payment information; LYWL does not store full card numbers. "BNPL Provider" means a third-party buy-now-pay-later financing provider offered through Stripe Checkout, currently including Affirm, Inc. and Klarna Bank AB, and any additional or substitute provider LYWL enables from time to time without amendment of these Terms. If you select a BNPL Provider, your installment terms are governed by your separate agreement with that provider; LYWL is not a party to that agreement and has no role in any collection, late-fee, or credit-reporting activity conducted by the BNPL Provider.
g. Taxes. Quoted prices are exclusive of any sales or use tax LYWL is required to collect in your jurisdiction.
4. Refunds and Cancellation
a. Assessment refunds. The Assessment fee is refundable in full if the Assessment is not completed within thirty days of payment. Once the Assessment is completed, the Assessment fee is non-refundable.
b. First-session guarantee. If you contact LYWL within twenty-four hours after the Student's first scheduled Tuition session and request a refund, LYWL will refund the unused portion of the Program less the prorated cost of the first session.
c. Cancellation after the first session. Sessions are non-refundable once attended. If you cancel after session one and before the start of session four, LYWL will refund the per-session value of unattended sessions in the Program less a $75 administrative fee. Cancellations on or after session four are not eligible for a cash refund; LYWL may, at its discretion, offer to pause and resume enrollment in a later cohort or to transfer remaining sessions to an enrolled sibling.
d. Make-up sessions. Up to two missed sessions per Program may be rescheduled into another small group at LYWL's discretion, subject to availability. Missed sessions in excess of two are forfeited.
e. BNPL Provider interaction. If you cancel a Program paid through a BNPL Provider, LYWL will refund the eligible amount to the BNPL Provider; remaining installments may continue to be collected by the BNPL Provider until the refund posts on its system. Disputes with a BNPL Provider must be resolved with that provider directly.
f. Termination by LYWL. If LYWL terminates a Student for cause (Section 7), refund is at LYWL's discretion. If LYWL terminates without cause (for example, scheduling capacity loss), the unused balance is refunded in full.
g. Pre-enrollment cancellation. Before the Student's first scheduled Tuition session, full Tuition is refundable less a $75 administrative fee.
5. Sessions, Recordings, and Materials
a. Live delivery. Sessions are delivered live via Zoom on a recording-eligible Zoom for Education tier under an executed data processing agreement.
b. Recording is part of the Service. Session recording is a standard component of the Service, used for instructional improvement, parental review, dispute resolution, and tutor training. Consent to recording is captured at enrollment in a granular, separate consent step. A parent may withdraw recording consent prospectively at any time; doing so terminates the Program, and unused sessions are refunded under Section 4. Recordings are retained no longer than ninety days after Program completion and are accessible only to LYWL personnel and the consenting family. Detailed mechanics are described in the Privacy Policy and, for Students under thirteen, the COPPA Direct Notice.
c. LYWL Materials. Worksheets, lesson plans, assessment instruments, curriculum, and proprietary methods (the "LYWL Materials") are owned by LYWL or its parent holding company and licensed to enrolled families for personal, non-commercial educational use during active enrollment only. You may not redistribute, post publicly, sell, or use the LYWL Materials to operate a competing tutoring service.
d. Student work. The Student's own work product (essays, exercises, recorded reading samples produced as homework) belongs to the Student and family. LYWL retains a non-exclusive license to use anonymized excerpts internally for instructor training and quality review.
6. Tutor Relationship
a. Tutors are independent contractors of LYWL, not employees or agents. They provide instructional services on the LYWL platform.
b. Tutors do not act in loco parentis. A tutor is not an authorized agent of the parent and has no authority to consent to medical decisions, take physical custody of a Student, or make decisions outside the scope of the tutoring session.
c. LYWL background-screens tutors before contracting with them and audits session quality through periodic supervisor sit-ins.
7. User Conduct
You agree, on your own behalf and on behalf of the Student, to:
- treat tutors and other students with respect; engage in no harassment, bullying, hate speech, or sexually explicit conduct;
- not record sessions independently of the LYWL-managed recording described in Section 5(b);
- not share Zoom links or login credentials with anyone outside the enrolled household;
- not transmit malware, spam, or unlawful content through the Service; and
- not extract, scrape, reverse-engineer, or republish the LYWL Materials.
LYWL may suspend or terminate access for violations, with refund treatment under Section 4(f).
8. Intellectual Property
LYWL and its licensors retain all right, title, and interest in the Service, the LYWL Materials, the LYWL trademarks, and the curriculum. You receive a limited, revocable, non-transferable license to access the LYWL Materials solely for the Student's personal educational use during active enrollment.
9. Privacy
Use of the Service is also governed by the LYWL Privacy Policy and, for Students under thirteen, the COPPA Direct Notice to Parents, each incorporated by reference. Parents of Students under thirteen must complete the verifiable parental consent process described in the COPPA Direct Notice before any Student personal information is collected.
10. Third-Party Services
LYWL uses third-party services to deliver the Service, including Stripe (card processing), the BNPL Providers (Tuition financing), Zoom for Education (live sessions and recording), TutorBird (post-enrollment intake, scheduling, parent portal, and recurring billing), gamma.app (site hosting and lead capture), Google Workspace (internal email, document storage, and calendaring), and Calendly (scheduling). Your interactions with these services are governed by their own terms. LYWL is not responsible for third-party service outages or independent acts of these providers. The current list of processors handling personal information is published in the Privacy Policy.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." LYWL DOES NOT WARRANT ANY SPECIFIC LEARNING OUTCOME, GRADE-LEVEL GAIN, READING-LEVEL CHANGE, OR DIAGNOSTIC RESULT. LITERACY PROGRESS DEPENDS ON FACTORS OUTSIDE LYWL'S CONTROL, INCLUDING ATTENDANCE, HOME PRACTICE, AND INDIVIDUAL VARIATION. LYWL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYWL'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID LYWL IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED DOLLARS ($100). LYWL IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR EDUCATIONAL OUTCOMES, EVEN IF ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, LIABILITY IS LIMITED TO THE MAXIMUM PERMITTED.
13. Indemnification
You agree to indemnify and hold harmless LYWL and its officers, members, contractors, and tutors from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your or the Student's misuse of the Service, (b) your breach of these Terms, or (c) your violation of any law or third-party right. LYWL retains the right to assume the defense of any matter subject to indemnification.
14. Dispute Resolution — Arbitration and Class Waiver
a. Informal resolution. Before initiating formal proceedings, contact LYWL at info@learnyourwayliteracy.com and allow thirty days for good-faith resolution.
b. Binding arbitration. Any dispute that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Cheyenne, Wyoming, or by video conference at the consumer's election. The arbitrator may award any relief a court could.
c. Class waiver. YOU AND LYWL EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable, the entire arbitration provision is void and disputes proceed in court under Section 15.
d. Thirty-day opt-out. You may opt out of arbitration by sending written notice to info@learnyourwayliteracy.com within thirty days after first accepting these Terms; opting out does not affect any other provision.
e. Carve-out. Either party may bring an individual action in small claims court, and either party may seek injunctive relief in court for intellectual-property infringement.
15. Governing Law and Forum
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. Subject to Section 14, exclusive jurisdiction lies in the state and federal courts located in Laramie County, Wyoming.
16. Modifications
LYWL may modify these Terms. Material changes will be notified to the parent's email of record at least fourteen days before they take effect. Continued use after the effective date constitutes acceptance. If you do not accept a modification, your sole remedy is to terminate the account before the effective date and receive a prorated refund of unused sessions under Section 4.
17. Termination
You may terminate at any time by contacting LYWL; refund treatment follows Section 4. LYWL may terminate for cause at any time. On termination, your access to the LYWL Materials ends, and Sections 5(c)–(d), 8, 11–15, and 18 survive.
18. Miscellaneous
a. Entire agreement. These Terms, the Privacy Policy, and the COPPA Direct Notice constitute the entire agreement between you and LYWL on the subject and supersede any prior understandings.
b. Severability. If any provision is held unenforceable, the remainder remains in effect.
c. No waiver. A failure to enforce any right is not a waiver of it.
d. Assignment. You may not assign these Terms. LYWL may assign to an affiliate or to a successor in connection with a merger, acquisition, or restructuring.
e. Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
f. Notices. To LYWL: info@learnyourwayliteracy.com. To you: the email of record on your account.
g. Contact. Questions regarding these Terms: info@learnyourwayliteracy.com.