Terms of Use

Please read these Terms of Use (the “Agreement”) carefully before using the services offered by Online Reading Tutor Services Inc. (referred to in this Agreement as “Online Reading Tutor,” the “Company,” “we,” or “us”). By using our services or accessing or using our website or mobile applications (collectively, the “Services”), you expressly acknowledge that you have read and understand all of the terms of this Agreement and agree to be bound by it. If you do not unconditionally agree to all the terms and conditions of this Agreement, you may not use the Services.

The Services are not intended to be used by children without the assistance of a parent or guardian. If you are not accompanied by a parent or a guardian, you must be at least of the age of majority to use the Services.

For users not resident in Canada: this Agreement contains a provision that requires you to resolve all disputes with Online Reading Tutor on an individual basis and through final and binding arbitration, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

Your use of the Services also may be subject to additional terms, conditions, policies, rules, or guidelines applicable to the Services or certain features of the Services that we post or provide to you, which are incorporated by reference into this Agreement.

Our Privacy Policy

By becoming bound by this Agreement you also agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into the Agreement by reference.

Amendments

This Agreement may change from time to time. If any amendment materially increases a User's obligations or materially reduces Online Reading Tutor's obligations under the Agreement, we will provide at least thirty (30) days' notice before the update comes into effect, either by emailing affected Users or displaying an alert on our website or apps. The Agreement may not otherwise be amended without our express prior consent.

User accounts

We currently offer accounts to “Parent/Guardian Users” (parents or guardians of Learner Users) and “Learner Users” (a child or other learner who uses the Services). A Learner User account can be linked to one or more Parent/Guardian Users to facilitate a continuous learning journey both in and outside the classroom. Parent/Guardian Users are responsible for the use of the Services by Learner Users linked to their accounts.

If you register for an account, you agree to provide true, accurate, current and complete Registration Data, and to promptly update it. You agree to keep your access credentials secure and confidential, and to immediately notify us of any unauthorized use of them. You are responsible for all activity on your account, and for all charges incurred by your account.

Use of the Services

Users must use the Services in compliance with this Agreement and all applicable laws. Online Reading Tutor grants you permission to access and use the Services solely for your own personal, non-commercial use. We may impose limits on certain services or features, or restrict access, in our sole discretion. Parent/Guardian Users who create or are linked to accounts for minor Learner Users are responsible for those Learners' use of the Services to the same extent as if that use were their own.

Prohibited conduct

You agree not to engage in fraudulent, abusive, or illegal activity; attempt to obtain another User's password or private information; violate computer or network security measures; use automated tools (spiders, robots, scrapers) to access or interfere with the Services; run spam or auto-responders; interfere with or decipher transmissions to or from the Services; transmit malicious software; use the Services for commercial solicitation; or bypass measures used to restrict access to the Services.

Acceptable use and code of conduct

You agree not to: violate another person's privacy or collect their data without consent; bully, intimidate, or harass any User; upload or transmit hate speech, discriminatory, defamatory, threatening, pornographic, or obscene content; disparage the Company; impersonate any person or entity; use the Services in a manner harmful to minors, including content that violates child welfare, pornography, or sexual exploitation laws; or otherwise use the Services for any unlawful purpose. Violating these conditions may result in immediate suspension or termination of your account.

Fees, payment, and renewing subscriptions

Fees and payment. There is a fee for some Services, including subscriptions. We may change subscription fees for a future period with notice as required by law. Unless otherwise stated, fees are non-refundable to the fullest extent permitted by law. Online Reading Tutor does not directly store credit card information. All payment information is stored by third-party payment providers, and Online Reading Tutor is not responsible for a data breach at a payment processor through no fault of our own.

Taxes. All prices are stated before applicable taxes, which will be added on top of the quoted price and itemized separately.

Subscription and renewal. By purchasing a subscription, you agree that it may renew automatically for the same term unless cancelled prior to the renewal date. We will charge your payment method each billing period for the then-current price. For consumers residing in Quebec, subscriptions are offered for an indeterminate term and remain valid until cancelled.

Subscription cancellation. You may cancel your subscription online via your account, by contacting customer support, or through the relevant app store if purchased there. You will retain access for any period already prepaid, and will not be charged for a subsequent period once cancelled prior to renewal.

For consumers residing in Quebec: under the Consumer Protection Act, you may cancel this contract at any time by sending written notice. If cancelled before performance has begun, no charge or penalty is owed. If cancelled after performance has begun, you owe only the price of services already rendered plus the lesser of $50 or 10% of the price of services not rendered. The merchant must refund any money owed within 10 days of cancellation. See sections 190-196 of the Consumer Protection Act (chapter P-40.1) for more information.

Online Reading Tutor content and intellectual property rights

The Services and their entire contents (information, software, code, text, displays, graphics, photographs, video, audio, design, and arrangement, collectively the “Online Reading Tutor Content”) are owned by Online Reading Tutor and its licensors, and are protected by Canadian and foreign intellectual property laws. The Services are intended solely for personal, non-commercial use in accordance with this Agreement. Your use of the Services does not give you ownership of any intellectual property rights in the Services or Online Reading Tutor Content.

You agree not to (and not to allow a third party to): rent, lease, or sell access to the Services or Content; use the Services to build a competing product; copy, modify, publish, distribute, or create derivative works from the Content beyond what's authorized; reverse engineer or decompile the Services; circumvent security features; or remove or alter copyright, logo, or trademark notices.

Content or feedback you provide to us (“User Content”) is licensed to Online Reading Tutor on a limited, non-exclusive, sublicensable, worldwide, royalty-free, transferable basis to use, host, copy, store, distribute, display, and create derivative works from it in order to provide and improve the Services. Please do not enter personally identifiable information into the Services unless specifically required (for example, in registration forms). Feedback you provide may be used by Online Reading Tutor without compensation or attribution.

Important health warning about photosensitive seizures

If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before playing video games or other screen-focused activities.

Advertising

We may present contextual, first-party references to or advertisements for our paid membership to Users, including Learner Users, while using the Services. These advertisements are only for Online Reading Tutor's own Services and are not individually targeted using Learners' personal information; we do not allow third-party targeted advertising providers to place cookies on or collect information from Learner-directed areas of the Services.

Third-party services

The Services may link to or allow login through third-party services (e.g., Clever or Google) not owned or controlled by Online Reading Tutor. We are not responsible for the content, accuracy, privacy policies, or practices of any third-party service, and you use them at your own risk.

Governing law & jurisdiction

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada. For Users resident in Canada, disputes will be settled by a court of competent jurisdiction in the City of Toronto, Ontario.

Arbitration and dispute resolution; class action waiver

This section applies only to Users not resident in Canada.

You and Online Reading Tutor agree that any dispute arising out of or relating to the Services or this Agreement will be resolved through binding arbitration under the US Federal Arbitration Act, following a good-faith informal resolution conference. Arbitration will be administered under the Commercial Arbitration Rules of the American Arbitration Association (AAA) before a single neutral arbitrator. Small claims court matters and requests for injunctive relief to protect intellectual property rights are excluded from this arbitration requirement. Claims must be brought within one year of the events giving rise to them. Both parties agree to bring claims only on an individual basis, not as part of a class or representative action. You may opt out of this arbitration agreement by sending written notice within 30 days of first agreeing to this Agreement, to info@onlinereadingtutor.com, including your name, address, and signature.

Indemnity

You agree to defend, indemnify, and hold harmless Online Reading Tutor and its affiliates from claims arising from your (or your Learners') use of the Services, violation of this Agreement, violation of a third party's rights, User Content submitted through your account, or another person's use of the Services through your account credentials.

Warranty disclaimer

The Services and Online Reading Tutor Content are provided on an “as is” basis, without warranties of any kind, to the fullest extent permitted by applicable law. Online Reading Tutor does not warrant that the Services will meet your expectations, be uninterrupted, error-free, or free from harmful components. Some jurisdictions do not allow limitations on implied warranties, so these limitations may not apply to you.

Limitation of liability

To the fullest extent allowed by applicable law, Online Reading Tutor's aggregate liability under this Agreement is limited to the lesser of $100 or the fees you paid in the 12 months preceding the claim, and excludes indirect, incidental, punitive, or consequential damages. Some jurisdictions do not allow these exclusions, so they may not apply to you.

Termination

You may terminate your use of the Services at any time. Online Reading Tutor may terminate or suspend your account at any time, without prior notice, if you violate this Agreement, your account is inactive, or for any other reason, which may result in the forfeiture of information associated with your account. Upon termination, your right to access the Services and Online Reading Tutor Content immediately ceases.

Miscellaneous

If any provision of this Agreement is found unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remainder of the Agreement remains in effect. This Agreement is not assignable by you without our prior written consent; Online Reading Tutor may assign it without consent. This Agreement constitutes the entire agreement between you and Online Reading Tutor regarding your use of the Services. These Terms of Use are drawn up in the English language only.

Contact

If you have any questions, complaints, or claims with respect to the Services, you may contact us at app@onlinereadingtutor.com.