Terms of Service

01Definitions and Scope of Services

These Terms govern Client's access to and use of all products and services offered by Math Does Matter LLC / Diverse Interactive Learning, including:

The Praxis Prep App, Test Prep App, and Homeschool App are referred to collectively as the "Apps." The Apps, our website, and the Tutoring Center are referred to collectively as the "Services."

"Client" or "you" means any organization, student, parent, or guardian who accesses or uses any of the Services. Where a Client is a legal minor, "Client" for purposes of consent and contracting means the minor's parent or legal guardian, as described in Section 3.

02Acceptance of Terms

By accessing or using any Service, Client agrees to be bound by these Terms. If Client does not agree to these Terms, Client must not access or use the Services. Continued use of the Services after we post a change to these Terms constitutes acceptance of the revised Terms.

03Eligibility, Accounts, and Minors

Age and Parental Consent

The Apps and Tutoring Center are designed for use by K-12 students, their parents/guardians, and partner schools. Where a Client is a legal minor, the parent or legal guardian shall enter into these Terms on behalf of the minor and shall accept and agree to all terms and conditions contained herein on the minor's behalf. Consistent with our Privacy Policy, we obtain verifiable parental consent before knowingly collecting personal information from a child under 13 within any App that a child accesses directly.

Account Security

The Praxis Prep App and Test Prep App require Client to create and log in to an account. Client is responsible for maintaining the confidentiality of login credentials and for all activity that occurs under Client's account. Client agrees to notify us promptly at Info@diverseilearning.com of any unauthorized use of an account.

Accurate Information

Client agrees to provide accurate, current, and complete information when creating an account or enrolling in the Tutoring Center, and to keep that information up to date.

Newsletter-Gated Access to the Homeschool App

The Homeschool App is provided free of charge to parents and guardians who subscribe to our weekly Diverse Interactive Learning parent email newsletter. By subscribing, Client consents to receive marketing emails from us in accordance with the CAN-SPAM Act, and may unsubscribe at any time using the link included in each email.

04License to Use the Apps and Website

License Grant

Subject to compliance with these Terms (including current payment of any applicable subscription fee under Section 7), we grant Client a limited, non-exclusive, non-transferable, revocable license to access and use the Apps and website solely for personal, educational, and non-commercial tutoring/homeschooling purposes.

Restrictions

Client shall not, and shall not permit any third party to:

• copy, modify, or create derivative works of any App;
• reverse engineer, decompile, or disassemble any App;
• rent, lease, sell, sublicense, or otherwise transfer rights in any App;
• share paid account credentials with anyone outside Client's immediate household/organization;
• remove or alter any proprietary notices; or
• use any App to build a competing product or service.

Third-Party App Store Terms

Use of the Praxis Prep App is additionally subject to the usage rules of the platform through which it was downloaded (Google Play Store or Apple App Store). Client must also comply with any applicable third-party agreement (for example, a wireless carrier's data service agreement) when using an App.

Apple App Store Acknowledgments

Applies to the Praxis Prep App as distributed via the Apple App Store, per Apple's required minimum end-user license terms.

Client and Company acknowledge that:

• This license agreement is concluded between Client and Company only, and not with Apple Inc., and Company — not Apple — is solely responsible for the Praxis Prep App and its content.
• Company, not Apple, is solely responsible for providing any maintenance and support for the Praxis Prep App. Apple has no obligation whatsoever to furnish maintenance or support for the App.
• In the event the Praxis Prep App fails to conform to any applicable warranty, Client may notify Apple, and Apple will refund the purchase price (if any) paid for the App to Client. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Praxis Prep App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty will be Company's sole responsibility.
• Company, not Apple, is responsible for addressing any claims relating to the Praxis Prep App, including product liability claims, legal or regulatory compliance claims, and consumer-protection or privacy-related claims.
• Company, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property infringement claim related to the Praxis Prep App.
• Client represents that Client is not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and is not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the Praxis Prep App, and Apple has the right to enforce these Terms against Client as a third-party beneficiary.

Google Play Acknowledgments

Use of the Praxis Prep App via the Google Play Store is also subject to Google Play's Terms of Service. Nothing in these Terms limits any rights Client has under Google's applicable terms.

Source note: Apple's minimum EULA terms are published at Apple's "Minimum Terms of Developer's End-User License Agreement" (Schedule 2 to the Apple Developer Program License Agreement).

05Acceptable Use

Client agrees not to, in connection with any Service:

• violate any applicable law or regulation;
• attempt to gain unauthorized access to any account, system, or network;
• upload or transmit viruses, malware, or other harmful code;
• use the Services to cheat on any assessment or misrepresent a student's own work;
• harvest, scrape, or collect data about other users; or
• impersonate any person or misrepresent an affiliation with any person or entity.

We may suspend or terminate access for any violation of this section, as described in Section 18.

06Intellectual Property

All content, curriculum, software, trademarks, logos, and other materials made available through the Apps, website, and Tutoring Center (excluding Client-submitted content) are owned by or licensed to Math Does Matter LLC / Diverse Interactive Learning and are protected by intellectual property laws. Except for the limited license granted in Section 4, nothing in these Terms transfers any ownership rights to Client. Client retains ownership of any original work product a student creates during tutoring, subject to our right to use anonymized, aggregate performance data to improve our curriculum and Services.

07App Subscriptions and Billing

Praxis Prep App (Google Play / Apple App Store)

The Praxis Prep App is offered on a recurring subscription basis. Subscription purchases, renewals, and billing are handled entirely by the Google Play Store or Apple App Store, as applicable, in accordance with each platform's own billing terms. Subscriptions automatically renew at the end of each billing period unless cancelled by Client through the applicable app store's account/subscription-management settings before the renewal date.

Test Prep App (Website)

The Test Prep App is offered on a recurring subscription basis through our Tutor LMS Pro platform at diverseilearning.com, with billing processed by Stripe and/or PayPal. Subscriptions automatically renew at the end of each billing period unless Client cancels through Client's account settings on the website before the renewal date. Fees already paid for a current billing period are non-refundable except as required by law or as we may agree on a case-by-case basis.

Homeschool App

The Homeschool App is provided free of charge and is not billed; access is tied to an active newsletter subscription as described in Section 3.

Price Changes

We may change subscription pricing for the Test Prep App at any time; changes will apply prospectively and will not affect a billing period already paid for. Pricing changes for the Praxis Prep App are subject to Google Play's and Apple's respective policies for communicating and applying price changes.

08Tutoring Services — Package Tiers, Trial Sessions & Expiration Terms

Applies to the Tutoring Center only.

8.1 Package Tiers. The Tutoring Center offers the following package types:

• Single Trial Session (1 Hour): available to new clients only, limited to one (1) per student, paid in full before scheduling.
• Standard Packages (4, 12, or 40 Hours): paid in full upfront, or via an approved Payment Plan under Section 9.2, before scheduling.
• Test Prep Sessions (2, 3, 5, or 10 Hours): dedicated strictly to test-preparation tutoring; must be paid in full upfront, with no Payment Plan available.

8.2 Expiration and Forfeiture.

• Trial sessions and Standard Packages of 4 or 12 hours expire 60 days from the date of purchase.
• The 40-hour Standard Package expires 180 days from the date of purchase.
• Test Prep Sessions expire 30 days after the student's official test date, or 90 days from the date of purchase, whichever occurs first.
• Unused hours remaining at expiration are forfeited in full. No extensions are granted.

09Tutoring Services — Fees, Payment Plans and Billing

Applies to the Tutoring Center only.

9.1 General Billing. Math Does Matter LLC controls the billing and collection process. Client will pay for each package or session in advance by credit card or other approved payment method, at the agreed-upon billing rate, except where an approved Payment Plan applies under Section 9.2.

9.2 Payment Plan Structure and Installment Terms.

• 12-Hour Package Plan: split into 2 equal installments. The first installment is due upon enrollment; the second is automatically billed 30 days later.
• 40-Hour Package Plan: split into 10 equal installments. The first installment is due upon enrollment; the remaining 9 installments are automatically billed monthly on the same calendar day.
• Automatic Billing: all Payment Plans require a valid credit card on file. Payments are processed automatically on their scheduled due dates.
• Failed Payments & Paused Services: if an installment payment fails, tutoring sessions are immediately paused. Services resume only after the account balance is made current.
• Full Financial Commitment: electing a Payment Plan does not reduce Client's total financial liability. Client remains legally responsible for completing all installments regardless of student attendance or early withdrawal.

10Tutoring Services — Cancellation and No-Show Policy

Applies to the Tutoring Center only.

10.1 Cancellation. Client may cancel or reschedule a session without charge by emailing the assigned Tutor directly and copying (cc'ing) Info@diverseilearning.com at least 24 hours in advance of the designated session start time. Client can reschedule no more than one (1) time per month.

10.2 Late Arrival / Student Tardiness. The Tutor will wait fifteen (15) minutes for Client or the student to arrive or join a session. If the student has not arrived within that fifteen-minute window, the session is logged as a "No-Show" under Section 10.3 and deducted from Client's balance in full. If the student arrives within the fifteen-minute window, the session continues but is not extended — Client is entitled only to the remaining scheduled time, unless the Tutor agrees otherwise. Lost time due to student lateness will not be made up.

11Tutoring Services — Refund Policy

Applies to the Tutoring Center only.

11.1 Strict No-Refund Policy. All sales of trial sessions, Standard Packages, Test Prep Sessions, and any related installment payments under a Payment Plan are final. Math Does Matter LLC does not issue cash, check, or card refunds for the Tutoring Center under any circumstance, except as expressly provided in Section 11.2.

11.2 Service Credit in Lieu of Refund. If Client is unsatisfied after a student's very first tutoring session (including a trial session), Client may notify Math Does Matter LLC at Info@diverseilearning.com within twenty-four (24) hours of that session. Math Does Matter LLC will, at its option, match the student with a different Tutor and credit any remaining hours to Client's account (or, for a trial session, offer a makeup trial session). This service credit is Client's sole and exclusive remedy for dissatisfaction with tutoring services; no cash, check, or card refund will be issued.

12Tutoring Services — Company Commitments

Applies to the Tutoring Center only.

12.1 Tutor Tardiness. If a Tutor is late to a scheduled session, the missed time will be added to the end of that session or credited to Client's account balance, at Math Does Matter LLC's discretion.

12.2 Tutor Absence. If a Tutor cancels or is unable to attend a scheduled session, Math Does Matter LLC will provide a substitute Tutor or reschedule the session at Client's convenience, at no penalty to Client.

13Tutoring Services — Supervision Requirement

Applies to the Tutoring Center only.

Math Does Matter LLC requires that Client maintain supervision of students during any interaction with a Tutor. Any non-organizational Client may request a new Tutor at any time.

14Non-Solicitation

Client and Tutors agree that neither will solicit any Tutor of Math Does Matter LLC to work for their own or any other personal or business venture. Client agrees that during the period of any tutoring engagement and for one (1) year immediately after its termination, Client will not, directly or indirectly, for itself or for any other person, family, or business, call upon, solicit, divert, or take away, or attempt to solicit, divert, or take away, any Tutor, business, or partner of Math Does Matter LLC with whom Client became acquainted during or after Client's engagement with Math Does Matter LLC.

15Limitation of Liability and Indemnity

In no event will Math Does Matter LLC be liable for any direct or indirect damages arising out of access to or use of any Service beyond the service fee (if any) received from Client for that Service. As a condition of use of the Services, Client agrees to indemnify Math Does Matter LLC from and against all liabilities, expenses (including legal fees), and damages arising out of or related to tutoring carried out by a Tutor introduced by Math Does Matter LLC, or Client's use of the Apps or website in violation of these Terms.

16No Warranties

The Apps and website are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, to the maximum extent permitted by law (subject to the Apple-specific warranty acknowledgment in Section 4). Math Does Matter LLC makes no promises or warranties with regard to a student's academic performance as a result of any tutoring or App use — however, we will do our best to meet each student where they are and help them advance to the next level.

17App Availability and Updates

We may modify, update, suspend, or discontinue any App or any feature of an App at any time, with or without notice. We do not guarantee that any App will always be available, uninterrupted, secure, or error-free. Client is responsible for maintaining a compatible device and operating system, and for installing updates we make available.

18Data, Privacy, and Analytics

Our collection and use of personal information across the Apps, website, and Tutoring Center is governed by our Privacy Policy, which is incorporated into these Terms by reference. In summary: your data is secure with us, and we do not share or sell personal information with third parties for marketing or promotional purposes. We may use basic usage analytics (such as Google Analytics or Firebase) to understand and improve the Services, as described in the Privacy Policy.

19Termination and Suspension

We may suspend or terminate Client's access to any Service, without liability, if Client violates these Terms, engages in conduct that is harmful to other users, the Tutoring Center, or Math Does Matter LLC, or if required to do so by law. Client may stop using the Apps or website, cancel an App subscription in accordance with Section 7, or discontinue tutoring in accordance with Section 10, at any time. The provisions of Sections 4, 6, 14, 15, and 20 through 29 (Modification through Contact Us) survive termination.

20Modification

This Agreement may not be modified except by amendment reduced to writing and signed by both Math Does Matter LLC and Client, or, for the Apps and website, by our posting of updated Terms as described in the Preamble. No waiver of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof.

21Entire Agreement

This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged (or, for the Apps and website, posted as an update in accordance with the Preamble).

22Severability

If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.

23Headings

Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.

24Additional Acknowledgments

Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement.

25Minors

Where the Client is a legal minor, the Parent/Guardian shall enter into this Agreement on behalf of the Client and shall accept and agree to all the terms and conditions of the policies contained herein on behalf of the Client, for use of the Tutoring Center and any App the minor accesses.

26Further Documents

If any other provisions or agreements are necessary to enforce the intent of this document, both parties agree to execute such provisions or agreements upon request.

27Governing Law and Venue

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and applicable federal and local law, and venue for enforcement shall be in Lehigh County, Pennsylvania. The parties waive any claim, whether asserted by motion or pleading, that Lehigh County is an improper or inconvenient venue. This Agreement shall be construed as a whole, according to its fair meaning, and not against the drafter.

28Waiver of Jury Trial

Each party to this Agreement waives, to the fullest extent permitted by law, any right it may have to a trial by jury in respect to any suit, action, or proceeding directly or indirectly arising out of, under, or in connection with this Agreement.

29Contact Us