Terms of Service

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Welcome to AhaLearning! These Terms of Service ("Terms") govern your use of our website, services, and related platforms (collectively, the "Services"). By accessing or using our Services, you agree to comply with these Terms. If you do not agree, please refrain from using our Services. "AhaLearning,"“the Nonprofit organization”, "we," "us," or "our" refers to AhaLearning Inc. the provider of these Services. "User," "you," or "your" refers to any individual or entity using our Services. "Personal Information" means any data that can identify you, as further described in our Privacy Policy.

1. Acceptance of Terms

By clicking “I Agree” or using the Services, you confirm that you are either (a) a U.S. resident aged 13 or older, (b) of legal age in your country, or (c) have parental or guardian consent. You also confirm you have not been suspended or removed from the Services and that your use complies with all applicable laws.

2. User Accounts

(a) Creating an Account. To access some elements of the Services, Users may be required to create an account (the “Account”). The User agrees to always provide us with true information and to keep the information updated. We may take steps to make sure that the information Users provide is accurate. A User may never allow anyone else to use its Account (except for Guardians in the case of a Minor User). If a User thinks that its Account is not secure, the User must notify us immediately by contacting  info@ahalearninginc.org . If anyone asks for a Userʼs password or personal information, the User should report them to us right away at  info@ahalearninginc.org.

(b) Account Suspension or Termination. If a User violates these Terms, the Nonprofit organization may a suspend or terminate its Account along with further access to the Services. AhaLearning may also suspend or terminate an Account if we believes a User is violating its guidelines for appropriate behavior, presenting a security risk to the Nonprofit organization or other Users, infringing intellectual property rights of us or third parties, or for any other reason in the Nonprofit organization’s sole discretion. For any Minor Users, a Guardian may ask us to terminate the Minor User’s Account by contacting  info@ahalearninginc.org.

3. Pricing

Some of our Services—such as online group lessons, private lessons, and public classes—are paid offerings. We may occasionally offer promotions or discounts for a limited time. These promotions may be changed, withdrawn, or discontinued at our sole discretion. The applicable price is the one displayed at checkout at the time of purchase.

4. Payments

You agree to pay the fees for content that you purchase, and you authorize us to charge your major debit or credit card (Visa/Mastercard) or process other means of payment (including Alipay, Wechat Pay, Paypal, Stripe, Mastercard, Visa, etc.) for those fees. 

5. Refund Policy

5.1 Refund Policy for Math and English Courses

5.1.1. Prorated refunds only issued after 24 hours of the 1st session

5.1.2 No refunds will be provided after the second session

5.1.3 No refunds for missed classes

5.1.4 Transfers are allowed once per semester

5.1.5 Processing Fees (total amount paid ×2.9%+$0.30) are non-refundable

5.2 Refund Policy for Chinese Courses

5.2.1 Prorated refunds are offered throughout the duration of the course.

5.2.2 Refunds are calculated as follows:

5.2.3 Refunds Amount= (Actual Payment-Total Price/ Purchased Sessions × Completed Sessions) × 97%

5.2.4 A 3% processing fee will be deducted

5.3 Rewarded School/Course Credits

Rewarded credits (or similar rewards) are available only after full purchase and completion of all course credits. If you request a refund, any rewarded credits will be voided. These credits can only be used to book lessons with AhaLearning, are non-transferable, and have no cash value.

5.4 Supporting Documents

If a refund cannot be processed due to payment channel limitations or other reasons, you may be required to provide supporting documents (e.g., proof of identity, bank card details). Refunds will be issued to the bank card you provide. Failure to provide timely or accurate documentation may result in the inability to complete the refund, for which you bear full responsibility.

5.5 Abuse of Refund Policy

We reserve the right to deny refunds, limit future refund eligibility, suspend your account, or restrict access to the Services if we determine that you are abusing the Payments and Refund Policy (e.g., repeated refund requests). Refunds will not be issued if your access is revoked due to a violation of our Terms.

6. Products and Services

6.1 Access to Products and Services

By purchasing our online courses, you will enjoy our corresponding Services. The Services we provide allow users to learn and practice Chinese, English and/or math through AhaLearning’s platforms. Your use of the Services is contingent on us receiving payment and we may suspend or terminate your access to the Services if we do not receive such payment.

6.2 Account Binding

When purchasing online courses, you shall designate a particular student for their use, and these online courses cannot be shared or transferred among students. We will determine the initial level and course content based on the particular student’s learning status. You agree that you will not change or add learners during the course credit package validity period.

7. Third Party Websites; Links

The Service may include links or access to third-party websites and resources. AhaLearning does not control or endorse these external sites or their content. You acknowledge that AhaLearning is not responsible for any loss or damage arising from your use of, or reliance on, any content, products, or services available through such third parties. Any interactions or transactions with third parties are solely between you and those parties, and AhaLearning bears no liability for related claims or losses.

8. Limitation of Liability

In the event of litigation, the Nonprofit organization’s total liability shall not exceed the amount of money that the User paid the Nonprofit organization for services rendered.

9. Other Terms & Conditions

AhaLearning may, at its sole discretion, cancel a class or remove a User from a class. In such a situation, the User will not be allowed to continue enrolling in a class and we will within 10 business days refund the original method of payment a pro-rated amount for all unused classes in the semester. The User will have no recourse other than this refund.

10. Severability Clause

If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.

11. Intellectual Property

11.1 Ownership of Intellectual Property

All content and elements of the Services—including designs, graphics, code, trademarks, and related rights are protected by law and belong to AhaLearning or its third-party licensors.

11.2 Prohibitions

These Terms prohibit you from sharing UGC that infringes trademarks, copyrights or other intellectual property rights. If you provide UGC that infringes third party intellectual property rights, your UGC can be blocked or removed. If you are a teacher, you are prohibited from sharing music, videos or other copyrighted content from third party owners without their express written permission, or written permission from the Nonprofit organization.

11.3 Counter-Notice

Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright ownerʼs agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Copyright Agent. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.

11.4 Policy on Infringement

AhaLearning respects the intellectual property rights of others and expects users to do the same. Our policy is to: (i) remove or disable access to content we believe in good faith may infringe third-party rights, and (ii) in appropriate cases, suspend or terminate accounts of users who infringe those rights. By using our Services, you agree to this policy.

We take trademark violations seriously. Content that misleads others or infringes on a trademark may be removed, and the associated account may be modified, suspended, or terminated at AhaLearning’s sole discretion. If you believe your trademark is being misused on our Services, please contact us at info@ahalearninginc.org. We will review the report and, if warranted, take appropriate action, which may include removing the content or restricting the user’s account.

12. Use Restrictions

In addition to the restrictions outlined in these Terms, users may not:

(a) lease, lend, sell, sublicense, or redistribute any part of the Services;

(b) copy, modify, distribute, publicly perform or display, or create derivative works of the Services or any related technology;

(c) circumvent technical measures designed to protect the Services;

(d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to access the source code, in whole or in part;

(e) use the Services to create malicious, abusive, or policy-violating content, as determined by AhaLearning; or

(f) use the Services in any way that infringes on intellectual property rights, violates applicable laws, or harms others.

For Unlimited Pass users, the following additional rules apply:

(i) users must keep their cameras on during all classes; and

(ii) users may not miss more than two classes per month.

AhaLearning Inc. reserves the right to terminate Services at any time.

13. Disputes Between Users

13.1 Disputes Between Parents or Guardians and Teachers

If a parent or Guardian has a dispute with a teacher, or vice-versa, these Users should first contact each other directly to try to resolve the issue. Many of these issues can be adequately resolved without escalation to the Nonprofit organization.

13.2 Escalation to the Nonprofit organization

While the Nonprofit organization is not legally responsible for resolving serious disputes between parents or Guardians and teachers, the Nonprofit organization wants to make sure that everyone enjoys the Platform and Services. As a result, the Nonprofit organization has the right (but not the obligation) to intervene in issues between Users to try to help resolve them. Where direct resolution with another User was not successful, or directly in serious cases of misconduct or threats to the safety of any User or the community, a User may escalate the issue to the Nonprofit organization by contacting the Nonprofit organization at  info@ahalearninginc.org.

If the Nonprofit organization chooses to take action in any dispute between Users, such Users agree that the Nonprofit organizations decision any and remedial action taken is final, and each User will accept that decision. Users agree to work with the Nonprofit organization in a timely manner to resolve all such issues, and failure to do so is a violation of these Terms.

14. Disputes with the Nonprofit Organization

14.1 Disputes

If there is a dispute between one or more Users and the Nonprofit organization, or any affiliates of the Nonprofit organization (including, without limitation, any of the Nonprofit organization’s officers, directors, employees, contractors, agents, subsidiaries, predecessors, successors or assigns) arising out of or relating in any way to the Terms, the Services or the Nonprofit organization, it will be governed by these Terms. The version of the Terms that governs will be the version in effect when the dispute happened.

14.2 No Class Actions and Severability

User and The Nonprofit organization hereby agree that unless otherwise required by applicable law, neither party can bring a claim against the other or its affiliates as a plaintiff or member of a class or as part of anything else where someone acts in a representative capacity. User and the Nonprofit organization agree that if the class action waiver or any part of this section is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, and the remaining parts will proceed in arbitration.

14.3 Time Period to Bring Claims

User and The Nonprofit organization hereby agree that any cause of action arising out of or related to the service must commence within One (1) year after the cause of action arises, or else it is permanently barred.

14.4 Agreement to Arbitrate

If User and the Nonprofit organization are in a dispute, except as provided under the Section entitled “Disputes Excluded” below, User and the Nonprofit organization each agree to handle all claims, actions, causes of action, grievances, or complaints of any kind whatsoever between User and the Nonprofit organization, or the Nonprofit organizations affiliates, including without limitation whether all or any part of the Terms is void or voidable, exclusively through confidential, final and binding arbitration process conducted by the American Arbitration Association (“AAA”) in New York, New York. USER HEREBY AGREES THAT USER IS GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION.

14.5 Disputes Excluded

User and The Nonprofit organization agree that nothing in the Section above will be deemed to waive or otherwise limit: (i) User’s right to pursue an enforcement action through a government agency where such right is non-waivable by applicable law; (ii) either party’s right to seek injunctive relief in a court of law; or (iii) the Nonprofit organization’s (but not the User’s) right to file suit in a court of law to address an actual or threatened data theft, corporate espionage, unfair competition, breach of confidentiality, breach of restrictive covenant, or intellectual property infringement matter; or (iv) either party’s right to file suit in a court of law to uphold or enforce an arbitration award rendered under these Terms.

15. License to Use the Services

Subject to the User’s ongoing compliance with these Terms, the Nonprofit organization grants User a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that User owns or controls for Userʼs personal, educational or entertainment use, including the right to download and use, in connection with the Services, software that the Nonprofit organization makes available for download as part of the Services.

16. Third Party Materials

User understands that by using the Services, User may come across Third-Party Services that may be considered offensive, or objectionable, may or may not be identified as being objectionable, may contain links or references to objectionable material, and may not be available in all countries or languages. User agrees to use the Services at Userʼs own risk and that the Nonprofit organization will not have any liability to User for content (including Third Party Services) that may be found to be offensive, inaccurate, illegal, unavailable, of poor quality or otherwise.

17. Online Safety

The Nonprofit organization cares about the safety of Users. If User sees any content or materials on the Services that is inappropriate for minors or appears to recruit, entice, advertise, or solicit any person to perform an illegal, sexual, hateful or violent act, please immediately report the User and situation to us at  info@ahalearninginc.org.

18. Disclaimers and No Warranties

18.1 Disclaimer

Except as may be required by applicable law, the Nonprofit organization is not liable for, nor is the Nonprofit organization obligated to screen, approve, edit or control, UGC that Users upload or otherwise make available on the Services. The Nonprofit organization may, however, at any time and without notice, and without any obligation to User, remove, edit, or block or suspend the availability of any UGC that the Nonprofit organization thinks violates the Terms or is otherwise improper, unsafe or objectionable. User understands that when using the Services, User will see UGC from a variety of sources and understands that UGC could be inaccurate, offensive, or objectionable. User agrees to waive, and does waive, any legal or equitable right or remedy that User has or may have against the Nonprofit organization regarding UGC. If notified by a User that UGC allegedly violates the Terms, the Nonprofit organization may investigate and decide whether to remove the UGC (which the Nonprofit organization can do at any time, without notice).

18.2 No Warranties

The website and all associated data, information, software, materials, content (owned or licensed), user content, reference sites, services, or applications are provided strictly on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permitted by applicable law, AhaLearning expressly disclaims all warranties and conditions, whether statutory, express, or implied. This includes, but is not limited to, implied warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained from AhaLearning or through the website shall create any warranty beyond those explicitly stated herein.

19. General Limitations of Liability

19.1 No consequential damages

To the maximum extent permitted by applicable law, in no event will the nonprofit organization and the affiliated parties be liable to user for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to userʼs access to or use of, or userʼs inability to access or use, the services or any materials or content on the services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the nonprofit organization has been informed of the possibility of damage.

19.2 Cap

To the maximum extent permitted by applicable law, except in the case of undisputed fees due and owing by the nonprofit organization to a teacher for services previously rendered under these terms, user agrees that the aggregate liability of the nonprofit organization and the affiliated parties to user for all claims arising out of or relating to the use of or any inability to use any part of the services or otherwise under the nonprofit organization terms, whether in contract, tort, or otherwise, is limited to $1,000.

20. General Indemnities

User agrees to indemnify and hold harmless AhaLearning and its affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from: (a) use or misuse of the Services, including use by others through User’s account; (b) violation of these Terms or applicable laws; (c) infringement of third-party rights; or (d) disputes with other users or third parties. AhaLearning reserves the right to assume exclusive defense of any such matter, with User cooperating as required.

21. Third Party Notices

21.1 Apple Notice

If the User accesses AhaLearning’s mobile application (“App”) on an iOS device, the following terms also apply. These Terms are solely between the User and AhaLearning—not Apple. Apple bears no responsibility for the App or its content, nor any obligation to provide maintenance, support, or warranties. Apple is not liable for any claims related to the App, including: (a) product liability; (b) failure to meet legal or regulatory requirements; or (c) consumer protection claims. Apple is also not responsible for handling claims that the App infringes a third party’s intellectual property rights. The User must comply with all applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them accordingly.

21.2 Notice to California Residents

If the User is a California resident, they may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs under California Civil Code Section 1789.3 to resolve complaints or obtain more information about the Services.

If the User is under 18 and a California resident, they may request that AhaLearning remove certain personal content they have publicly posted to the Services. This excludes anonymized data and user-generated content submitted in exchange for consideration. To submit a request, email info@ahalearninginc.org with the username and a clear description of the content to be removed. Requests by mail, phone, or fax will not be accepted. AhaLearning may be unable to respond to incomplete requests and cannot guarantee complete removal of posted content. In some cases, removal may not be legally required or permitted.

22. Miscellaneous Terms

22.1 Other Agreements; Entire Agreement

In some cases, teachers or other Users may enter into additional written agreements with AhaLearning. Such agreements become effective only upon mutual execution and do not supersede these Terms but are incorporated into them. In the event of any conflict or ambiguity, these Terms take precedence. Together, these Terms, the Privacy Policy, and any mutually executed additional agreements constitute the entire agreement between the User and AhaLearning regarding the Services.

22.2. Notice

Any notice or communication under these Terms, including notices of changes, will be provided in writing and may be delivered by email (to the address associated with the User’s account or to AhaLearning’s designated email), by regular mail, through postings on the Services, or by other reasonable means.

22.3 Enforceability

If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the maximum extent permitted by law or, if necessary, severed from the Terms. The remaining provisions will continue in full force and effect. These Terms do not confer rights or benefits on any third party, except as expressly stated (e.g., Apple, under the “Notice Regarding Apple” section).

22.4 Waiver

A failure by either AhaLearning or the User to enforce any provision of these Terms shall not be considered a waiver of that or any other provision. No waiver shall be effective unless in writing and shall not be interpreted as a continuing waiver.

22.5 Compliance with Laws

When using the Services, User will comply with all applicable laws. User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services). User shall not permit a Minor User to use the Services with the oversight and supervision of a parent or Guardian.

22.6 Governing Law

These Terms are governed by the laws of the State of New York, excluding its conflict of laws principles. Except for actions to enforce an arbitration award, any permitted legal proceedings must be brought exclusively in the state or federal courts located in New York, New York. User waives any objection based on jurisdiction or inconvenient forum, unless otherwise required by applicable law.