Welcome to HayaPrep ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Terms of Service," or "Agreement") govern your access to and use of the HayaPrep website, platform, applications, online courses, video content, study materials, and all related services (collectively, the "Service" or "Platform") operated by HayaPrep.
By accessing or using our Service in any manner, including but not limited to visiting or browsing the website, registering for an account, purchasing a course, viewing video content, downloading materials, or contributing content to the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you must not access or use the Service.
We reserve the right to update, modify, or replace any part of these Terms of Service at our sole discretion and at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to any modified terms, you must immediately discontinue your use of the Service.
These Terms apply to all visitors, users, subscribers, purchasers, and others who access or use the Service ("Users" or "you"). Certain features or services offered on or through the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features or services. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
By agreeing to these Terms, you represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained verifiable parental or legal guardian consent to use this Service. The Service is not intended for children under the age of thirteen (13), and we do not knowingly collect personal information from children under thirteen (13). If we learn that we have collected personal information from a child under the age of thirteen (13), we will take steps to delete such information as promptly as possible.
If you are using the Service on behalf of an organization, institution, school, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and that you agree to these Terms on behalf of such entity. In such case, "you" and "your" shall refer to both you as an individual and the entity you represent.
You further represent and warrant that you are not barred from using the Service under any applicable laws, regulations, or sanctions, and that your use of the Service does not violate any laws applicable in your jurisdiction. We reserve the right to refuse service, terminate accounts, or restrict access to the Service at our sole discretion, without notice, for any reason, including without limitation if we believe that your conduct violates applicable law or is harmful to the interests of other users, third parties, or HayaPrep.
To access certain features of the Service, including purchasing courses, viewing video content, tracking your learning progress, and accessing premium materials, you may be required to create an account. When you create an account, you agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.
You are solely responsible for safeguarding the password and any other credentials associated with your account. You must not share your account credentials with any third party. You agree to notify us immediately if you become aware of any unauthorized use of your account or any other breach of security. HayaPrep shall not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge and agree that:
HayaPrep provides online educational courses, video tutorials, practice problems, study guides, and related supplementary materials designed to help students prepare for standardized tests, including but not limited to the SAT, AP exams, and other academic assessments (collectively, "Course Content" or "Content").
All Course Content is provided for educational and informational purposes only. While we strive to ensure that all information and educational materials on the Platform are accurate, complete, and up to date, we make no guarantees, representations, or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Course Content or the information, products, services, or related graphics contained on the Platform for any purpose.
We do not guarantee any specific academic outcome, test score improvement, college admission result, or any other particular result from the use of our Service. Any reliance you place on such information is strictly at your own risk. Individual results may vary based on numerous factors including, but not limited to, the student's prior knowledge, study habits, dedication, time invested, and other external factors beyond our control.
HayaPrep reserves the right to modify, update, discontinue, or remove any Course Content, features, or services at any time without prior notice. This includes, but is not limited to, adding or removing lessons, changing the structure of courses, updating video content, modifying pricing, and altering the availability of certain features or courses.
Upon purchasing a course, you will be granted a limited, non-exclusive, non-transferable, revocable license to access and view the Course Content associated with that course for your personal, non-commercial, educational use. Access to purchased courses is typically granted for the duration specified at the time of purchase. If no duration is specified, access shall be granted for a period of twelve (12) months from the date of purchase, unless otherwise stated.
HayaPrep reserves the right to revoke or suspend your access to any course at any time if we determine, in our sole discretion, that you have violated these Terms of Service, engaged in fraudulent activity, or otherwise misused the Service.
We make commercially reasonable efforts to ensure that our courses and platform are available and accessible at all times. However, we do not guarantee uninterrupted, timely, or error-free access to the Service. The Service may be temporarily unavailable due to maintenance, updates, server issues, technical difficulties, or other factors beyond our reasonable control. We shall not be liable for any interruptions, delays, or errors in the availability of the Service.
All content included on or made available through the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, course materials, lesson plans, practice problems, study guides, animations, presentations, and the compilation thereof (collectively, "HayaPrep Content"), is the exclusive property of HayaPrep or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The HayaPrep name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HayaPrep or its affiliates or licensors. You must not use such marks without the prior written permission of HayaPrep. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
You acknowledge and agree that:
You agree that you will not use the Service in any manner that:
Violation of any of the foregoing may result in immediate termination of your account and access to the Service, without refund, and may subject you to civil and/or criminal liability. HayaPrep reserves the right to investigate and take appropriate legal action against anyone who, in HayaPrep's sole discretion, violates this provision.
Certain features of the Service require payment of fees. All fees are quoted and payable in the currency specified at the point of purchase. You agree to pay all fees and charges incurred in connection with your account and any purchases made through the Service at the prices in effect when such charges are incurred.
Payment processing for the Service is handled by third-party payment processors, including but not limited to Gumroad, Stripe, and other payment facilitators ("Payment Processors"). By providing your payment information, you authorize us and our Payment Processors to charge the applicable fees to your designated payment method. You acknowledge and agree that HayaPrep is not responsible for any errors, failures, or issues arising from the processing of payments by third-party Payment Processors.
All prices displayed on the Platform are subject to change at any time without prior notice. However, any price changes will not affect orders that have already been confirmed and paid for. We reserve the right to offer discounts, promotions, or special pricing at our sole discretion, and such offers may be subject to additional terms and conditions.
You are responsible for any applicable taxes, duties, or other governmental charges associated with your purchase. If any tax is required to be collected or paid, it will be added to your total purchase price.
Our refund policy is set forth in a separate document, which is incorporated herein by reference. Please review our Refund Policy for complete details regarding eligibility for refunds, the refund process, and any applicable conditions or limitations. By purchasing any course or service through the Platform, you acknowledge that you have read and agree to our Refund Policy.
The Service may contain links to third-party websites, services, or resources that are not owned or controlled by HayaPrep, including but not limited to payment processors, analytics services, video hosting platforms, and other external tools or services ("Third-Party Services"). HayaPrep has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any Third-Party Services.
You acknowledge and agree that HayaPrep shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such Third-Party Services. We strongly advise you to read the terms of service and privacy policies of any Third-Party Services that you visit or interact with.
THE SERVICE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAYAPREP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
HAYAPREP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY COURSES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HAYAPREP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAYAPREP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HAYAPREP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:
IN NO EVENT SHALL HAYAPREP'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO HAYAPREP IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED UNITED STATES DOLLARS (US $100.00), WHICHEVER IS GREATER.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT HAYAPREP HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
You agree to defend, indemnify, and hold harmless HayaPrep, its parent company, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all claims, losses, expenses, damages, costs, and liabilities, including reasonable attorneys' fees, arising out of or relating to:
HayaPrep reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of HayaPrep.
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction in which HayaPrep operates, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations within thirty (30) days, either party may pursue resolution through binding arbitration or in the courts of competent jurisdiction in the location where HayaPrep is headquartered.
You agree that any arbitration or legal proceeding shall be conducted on an individual basis only and not in a class, consolidated, or representative action. You expressly waive your right to participate in any class action lawsuit or class-wide arbitration against HayaPrep.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you may do so by contacting us at the email address provided below. Upon termination of your account, we may, but are not obligated to, delete any content or data associated with your account. Certain provisions of these Terms shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
Termination of your account does not entitle you to any refund of fees paid, except as expressly provided in our Refund Policy.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or unenforceability of such provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent as closely as possible.
These Terms of Service, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and HayaPrep with respect to the Service and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, regarding the Service. No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by HayaPrep to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:
HayaPrep
Email: support@hayaprep.com
Website: www.hayaprep.com
We will make every effort to respond to your inquiry within a reasonable timeframe.