These Membership Terms of Service (“Membership Terms”) govern your access to and use of our education services, including online classes, interactive tools, and related features (collectively, the “Services”), offered via our websites, platform, and apps (the “Platform”), provided by Novakid Inc., a Delaware corporation, with registered office address 548 Market St 8291, San Francisco, CA 94104-5401, USA (“Novakid,” “we,” “our,” or “us”). 

By purchasing, accessing, or using any Services, you (“User” or “you”) agree to be bound by these Membership Terms as well as our Privacy Policy and Cookie Policy, which are incorporated by reference.

Please read these Membership Terms carefully before creating an account or using the Services. By registering, purchasing, or otherwise using the Services, you confirm that you have read, understood, and agreed to these Membership Terms. If you do not agree with these Membership Terms, do not purchase or use the Services.

1. OUR PHILOSOPHY: STUDENT-CENTRED LEARNING

At Novakid, students are at the heart of everything we do. Our mission is to empower each Student to become an independent, self-directed learner. While parents or guardians provide necessary support, the Student is empowered to choose lesson formats, learning paths, and pacing according to their evolving needs.

2. WHO CAN USE OUR SERVICES

2.1 Age Requirements. The Services are designed exclusively for children (the “Student”) within the specified age range, as defined by Novakid. If a Student is a minor, the account must be managed by a parent or guardian, who must accept these Membership Terms on the Student’s behalf. Students under the applicable age of majority in their country of residence may not register an Account on their own. They may only access the Services with the approval and supervision of a parent, legal guardian, or other legal representative. If we detect that an account has been registered by a User under the minimum age required, we may temporarily suspend the account and request proof of age or legal guardian consent. 

2.2 One Student, One Plan. Each User can create one account to manage their Students’ learning. A separate Subscription Plan is required for each Student. Sharing accounts is strictly prohibited. One Subscription Plan can only be used by one Student and cannot be transferred to another child. If we have reasonable evidence to suggest that you have violated these Membership Terms, including, but not limited to, account sharing or the use of one Subscription Plan by more than one Student, we may suspend or terminate your account immediately. In such cases, any fees already paid are non-refundable, and you will not be entitled to any compensation, unless otherwise required by applicable law.

2.3 Non-Commercial Use. User Accounts may be used only for personal, non-commercial purposes unless expressly agreed otherwise in writing by Novakid.

3. SUBSCRIPTION PLANS AND BILLING

3.1 Subscription Plans. Our product catalogue offers a range of Subscription Plans – from basic packages to more advanced tiers – each defining the number of classes per week, eligible teacher categories, and included features. Not all features are available in every Plan. Homework, live streams, and other features may be included only in selected Subscription Plans. Certain features may also be accessible only to Students who have reached a specific skill level, even if such features are included in their Subscription Plan.

3.2 Upgrades and Downgrades. An upgrade means moving to a more expensive Subscription Plan and/or purchasing additional features, courses, or add-ons. A downgrade means removing features, courses, or add-ons from your existing Subscription Plan. You may upgrade your Subscription Plan mid-cycle. Downgrades take effect from the next billing cycle. A billing cycle refers to the recurring interval (for example, every one or three months, etc.) for which you are charged. The applicable billing cycle is specified at the time of purchase. Both Subscription Plan upgrades and downgrades result in adjustments to billing and class allocation, as communicated at the time of change.

3.3 Recurring Billing & Renewal. Subscriptions renew automatically at the end of the purchased Subscription Plan, unless cancelled at least one business day before renewal. By enrolling in a Subscription Plan, you authorise recurring charges to be made using your selected payment method. If automatic payment fails, access to the Services may be suspended until payment is completed. For non-recurring payment methods, we may send you a payment request or a link to complete your payment. You must complete the payment before the end of the billing cycle to maintain uninterrupted access. Novakid reserves the right to terminate your Subscription Plan on the basis of non-payment, and we are under no obligation to reinstate or renew the Subscription Plan once it has been terminated. 

4. CLASSES, ADD-ONS, AND CANCELLATIONS

4.1 Trial Classes. We may offer a trial class for our Users. A trial class helps us place a Student at the suitable level and familiarise them with the format. Trial classes are assigned by Novakid and conducted at no additional charge when offered. Completion of a trial class may be required before full use of the Services will be made available.

4.2 Add-Ons. Add-ons are supplementary enhancements to your active Subscription Plan, such as extra classes, teacher upgrades, or group class access – designed to extend your learning experience without requiring a switch to a different Subscription Plan. All add-on purchases made during the billing cycle are non-refundable, even if the User does not fully use all the enhancements before the end of the billing cycle.

4.3 Teacher Assignment. For individual classes, Users may select from the available teachers. Novakid may substitute teachers at its discretion and will notify the User where applicable. For group classes, teachers are assigned solely by Novakid.

4.4 Usage Limits. Any unused classes will expire at the end of each month of your billing cycle and cannot be carried over, unless expressly permitted by Novakid. Certain features, including AI-based tools, may also be subject to limits on frequency, duration, or total usage, as specified in your Subscription Plan or otherwise communicated by Novakid.

4.5 Class Cancellation. For individual classes, you may cancel or postpone up to eight (8) hours before the scheduled start time. Any cancellation after that time or a no-show is considered a completed class. Group classes cannot be cancelled or postponed by you individually, unless otherwise expressly permitted by Novakid. Absence from a class is regarded as a completed class. If Novakid cancels a class (e.g., due to teacher unavailability or Platform issues), it is not considered completed.

4.6 Quality Review and Recordings. A class will be deemed properly conducted unless the User submits a quality complaint within twenty-four (24) hours after the class. Novakid may, at its discretion, issue credits in justified cases. Classes may be recorded (video and photo) for quality control, investigating User complaints, allowing re-watch and review by the Student and User, etc. Some recordings may be stored for longer periods as required or justified by law (e.g., for compliance purposes or in the event of legal disputes).

5. SUBSCRIPTION MECHANISMS 

5.1 Credits. You may receive credits if a teacher cancels a class within the cancellation deadline, a class is disrupted due to technical issues on our end, or they are offered as part of a promotion or goodwill gesture. Credits are not cash and cannot be redeemed for cash, transferred, or refunded in exchange for money. You may use credits to rebook future classes, provided that the credits are used within your current billing cycle. Credits that are not used within your current billing cycle will be automatically discounted from the next charge. Credits are not issued for unbooked classes, late cancellations, or no-shows by the Student.

5.2 Pause of Subscriptions. You may be eligible to pause your Subscription Plan for a limited period as specified in your Subscription Plan or communicated by Novakid.

5.3 Payment Options. All fees must be paid before you receive access to the Services, unless your Subscription Plan states otherwise. For certain Subscription Plans (for example, a twelve-month (12-month) plan), we may allow you to pay the total price in monthly payments instead of paying it all at once. You agree to pay the full price for the entire term of the chosen Subscription Plan, even if you stop using the Services before the end of the term. If you fail to make a monthly payment, we reserve the right to suspend or terminate your access to the Services. Suspending or terminating access does not cancel your obligation to pay all remaining monthly payments. Discounts, referral offers, and promotional pricing may apply. All such offers are at our discretion and are governed by the specific rules of each promotion.

5.4 Refunds. You have a fourteen-day (14-day) right of withdrawal from the initial purchase of a Subscription Plan, provided that no classes have been taken from the Subscription Plan. If classes have already been attended, any refund will be calculated proportionally, taking into account the completed classes, as well as any applied discounts or promotions. After the fourteen-day (14-day) withdrawal period has expired, you may not cancel or terminate the Subscription Plan before the term, except where required by applicable law. Refunds are processed manually and may require contacting our Customer Support team. Novakid reserves the right to deny refund requests if the conditions set out in this clause and/or applicable law are not met.

6. INTELLECTUAL PROPERTY

6.1 Ownership. All rights, title, and interest in and to the Services, including but not limited to data, software, text, illustrations, photographs, audio and video content, user interfaces, scripts, and editorial materials, are owned by or licensed to Novakid and are protected under intellectual property laws.

6.2 Permitted Use. You may access and use the Services solely for private, non-commercial purposes as outlined in these Membership Terms. Except as expressly permitted, you may not reproduce, modify, rent, sell, distribute, or create derivative works from the Services, in whole or in part.

6.3 Trademarks. The “Novakid” name, logos, service marks, and any related branding are the intellectual property of Novakid or its licensors. No rights are granted to you in relation to such trademarks or branding.

6.4 Prohibited Actions. You must make no attempt to decrypt, decompile, or reverse-engineer any part of the Services or the Platform. You must not adapt, modify, or attempt to access source code, nor may you use automated tools (such as bots, scrapers, or indexers) to interfere with the Services.

7. YOUR RESPONSIBILITIES

7.1 Accuracy of Information. When registering an account or otherwise providing information to Novakid, you agree to provide accurate, complete, and current details about yourself and any Student. You are solely responsible for any damages, losses, or costs incurred by Novakid, yourself, or third parties as a result of inaccurate or misleading information. 

7.2 Internet and Devices. To participate in classes, you must have a stable internet connection and a device with functioning audio and video capabilities (microphone and camera). Detailed information about the minimum technical requirements is available on the Novakid website. It is your responsibility to ensure that your hardware, software, and internet connection meet these requirements before using the Services. Novakid shall not be liable for any failure to provide classes, or for reduced quality, caused by the malfunction or inadequacy of your internet connection, hardware, software, or device settings.

7.3 Compliance with the Law and Prohibited Activities. You and the Student must comply with all applicable laws, these Membership Terms, and other rules or guidelines issued by Novakid. You must not engage in conduct that is unlawful, misleading, discriminatory, or otherwise unfair. You and the Student may not upload or distribute viruses, malware, or other malicious code, or engage in any activity that could disrupt, overload, or impair the Platform.

7.4 Content Removal. Novakid reserves the right, at its sole discretion and without prior notice, to remove any content provided by you or the Student that violates these Membership Terms, and to suspend or terminate your access to the Services.

7.5 Liability for Content. You are solely responsible for all content and information submitted through the Services, so it is advised to keep your login credentials secure. Novakid expressly refuses liability for damages or losses arising from any false, unlawful, ambiguous, or infringing content provided by you or the Student or any loss of your login or account access details.

7.6 Consequences of Breach. Any damages, penalties, or liabilities resulting from violations of these Membership Terms or other Novakid policies shall be your responsibility. Novakid reserves the right to suspend, restrict, or terminate your access to the Services without notice if violations occur. In the event that your access to the Services is terminated due to unlawful behaviour, breach of these Membership Terms, or other misconduct, you will not be entitled to any refund of fees already paid. We reserve the right to suspend or terminate your access if you breach these Membership Terms, engage in fraudulent activity, or pose a legal or security concern.

7.7 Export Controls and Compliance with Sanctions. You agree to use the Services only as permitted by applicable law, regulation, and generally accepted practices. By using the Services, you represent and warrant that you are not (i) located in a country or region subject to embargoes or trade sanctions, or (ii) listed on, or affiliated with, any restricted party list maintained by the United States, the European Union, the United Nations, the United Kingdom, or other applicable authority. You further agree not to use the Services in violation of export control, sanctions, or trade compliance laws.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 At Your Own Risk. Your use of the Services is at your own risk. Novakid shall not be liable for damages or losses arising from your use of the Services, except where liability cannot be excluded under applicable law (e.g., liability for death, personal injury, or damages caused by gross negligence, wilful misconduct, or fraud).

8.2 No Warranties. The Services are provided “as is” and “as available”. Novakid and its affiliates, partners, and suppliers make no warranties, express or implied, regarding the reliability, timeliness, availability, accuracy, security, or fitness for a given purpose of our services. To the fullest extent permitted by law, Novakid shall not be liable for indirect, incidental, or consequential damages, lost profits, or data loss, and Novakid’s liability is limited to direct damages up to the amount paid in the last billing cycle.

8.3 User Conduct. You and the Student remain solely responsible for your actions while using the Services. Novakid is entitled, but not obliged, to monitor content (including class recordings) for compliance or potential illegal activity. Novakid assumes no liability for the content provided, edited, or uploaded by you or the Student.

8.4 Indemnification. You agree to indemnify and hold Novakid harmless for any damages, claims, or liabilities caused by your or the Student’s unlawful, non-compliant, or inappropriate use of the Services. Without Novakid’s prior written consent, you may not use the Services for advertising, promotional, or political purposes.

8.5 Objectionable Content. If you encounter content that you believe is unlawful, abusive, defamatory, harmful to minors, or otherwise objectionable, you must promptly notify Novakid. Novakid reserves the right to remove or restrict such content where justified.

8.6 Service Availability. Novakid will exercise reasonable skill and care in operating the Services but cannot guarantee uninterrupted operation. Outages, interruptions, or technical issues may occur. Novakid refuses liability for damages resulting from downtime, third-party actions, or other disruptions beyond its reasonable control.

8.7 Changes to Services. You acknowledge that Novakid is authorised to discontinue or change the Services and/or its content at any time, without liability and with or without notice to you.

9. GOVERNING LAW AND MISCELLANEOUS

9.1 Governing Law and Disputes. These Membership Terms are governed by the laws of the State of Delaware, USA, without regard to the principles of the conflict of laws. All disputes shall be resolved in the courts located in Delaware. Users waive the right to participate in class actions or similar representative proceedings.

9.2 Changes to Membership Terms. Novakid may update these Membership Terms from time to time at its sole discretion without any notice, to the extent permitted by applicable law. If and when material changes are made, we will provide notice (such as by email or within the Platform). Continued use of the Services after changes take effect constitutes acceptance of the revised Membership Terms.

9.3 Severability and Assignment. If any provision is invalid, it shall not affect the validity of the remainder of the Membership Terms. These Membership Terms, together with our Policies, comprise the entire agreement between you and Novakid regarding your use of the Services. You may not assign these Membership Terms; however, we reserve the right to assign our rights freely.

9.4 Termination by Novakid. Novakid may terminate these Membership Terms or suspend your access to the Services at any time, at its sole discretion. Notice of termination will be provided to the email address or phone number linked to your account.

9.5 Force Majeure. In the event of unforeseen circumstances, including but not limited to force majeure, currency devaluation in your country of residence, or other material economic disruptions, Novakid may terminate your Subscription Plan or present you with revised terms. You may choose to accept or decline any such updated terms.

9.6 Transition from previous general terms and conditions. Existing subscriptions purchased under prior General Terms and Conditions remain valid until they expire. As of the effective date, all new enrolments, renewals, add-ons, credits, and upgrades adhere to these Membership Terms. Any unredeemed balances under previous General Terms and Conditions may, at Novakid’s discretion, be converted to credits. We will provide reasonable notice before implementing material changes affecting current Users.