Novakid Inc. (hereinafter referred to as “Novakid”) publishes this Agreement as a licensee of the Novakid software platform for distance English learning.
1.1 User shall mean a person who has agreed to the terms and conditions of the Agreement by paying for the Service Package to be rendered on the Novakid Platform.
1.2. Novakid Inc. (hereinafter referred to as “Novakid”) shall mean Novakid Inc., represented by Maxim Azaroff, Director, as a licensee of the Novakid software platform for distance English learning.
1.3. Novakid Platform / Platform shall mean a special software package developed and maintained by Novakid, designed for interaction between the Teachers and the Users to provide them with distance English learning.
1.4. Teacher shall mean a person rendering pedagogical Services to Students.
1.5. Student shall mean the User’s representative to whom the Service is rendered.
1.6. Class / Lesson shall mean an individual or group class held for the User to study English on the Platform by using Internet communications. The duration of the class is twenty-five (25) minutes.
1.7. Services shall mean distance English learning by the Student via the Online classes based on the education programs offered by the Platform.
1.8. Service Package shall mean a set of lessons with a certain cost, offered by Novakid and available for purchase by the User in the Personal Account.
1.9. Subscription shall mean providing access to the User and/or the Student to the Novakid Platform for rendering the Services.
1.10. Subscription Period shall mean the validity of the Subscription from the date it is enabled or subsequently renewed.
1.11. Billing shall mean a part of the Platform that is responsible for writing off the lessons held from the balance or accruing the lessons paid for by the User to the balance. Billing shall also write off and accrue bonuses, calculate the next date of writing off the subscription.
1.12. Lesson Balance shall mean a personal account numbered into lessons. It records all the information about the number of lessons that the User can use. The Lesson Balance is not available in the User’s Personal Account if the User has a Subscription enabled.
1.13. Bonus Balance shall mean a personal account on which all the information on the accrual and writing off of bonuses that the User can use when paying for the Services is recorded.
1.14. Bonuses or Promotions shall mean events held by Novakid, aimed at the sale of the Services by providing a special code (promotional code) or crediting the amount to the User’s bonus account.
1.15. Registration shall mean a set of Novakid actions aimed at forming the User’s Personal Account.
1.16. Registration Data shall mean data obtained by Novakid from the User, required for Registration. The Data is stored on the Platform and is subject to use exclusively in accordance herewith.
1.17. User’s Personal Account shall mean a personal page of a registered User on the Platform, which has a client part accessible to all Users and an administrative part with information of the owner of the Personal Account, concealed from other users of the Platform.
1.18. Personal Data shall mean information provided voluntarily by the User during Registration on the Platform.
1.19. Content and Materials shall mean Novakid intellectual property objects that are the content of the Site, the Platform and/or are posted on the Site or in a closed section on the Platform as well as the totality of information materials contained in interactive lessons (classes) on the Platform.
1.20. Customer Service shall mean a support and consultation system for the Users concerning various issues and situations that may arise during the provision of Services.
1.21. Support Chat shall mean a service, which is external to the Platform, that allows asking a question online to the Customer Service or Technical Support of the Platform.
1.22. Newsletter, Communication Channels shall mean the automated sending of emails, SMS messages as well as other messages to the User’s Personal Account via the Support Chat or other communication channels.
1.23. Site shall mean a Site hosted under the domain name https://novakidschool.com.
2.1. This Novakid Services Agreement (hereinafter referred to as the “Agreement”) shall regulate the relations between the Parties arising through the use of the Platform as well as through rendering the Distance English Learning Services.
2.2. Novakid shall provide access to the Platform for distance English learning, provided that the classes are fully paid by the User. The use of the Platform by the User shall be governed by this Agreement, which is a legally binding agreement.
2.3. Under the Agreement, Novakid shall provide the User with the right to use the Platform for its functional purpose. Therewith, a part of the content may be stored on the User’s equipment as long as he/she uses the Platform. The right specified in this subparagraph shall be granted under a simple (nonexclusive) license worldwide.
2.4. The provisions of this Agreement, as well as other rules, terms and conditions, and requirements posted on the Site and/or the Platform, shall determine the procedure for using the Site and the Services of the Platform, as well as determine the rights and obligations of the User and Novakid.
2.5. This Agreement shall take effect from the moment the User agrees to its terms and conditions. Upon this Agreement takes effect, it may be amended by Novakid without any special notice
3.1. User Registration on the Platform is free and voluntary. The User shall indicate:
3.2. The User agrees to video and audio recording of all classes with the Student on the Platform — for the purpose of controlling the quality of learning.
3.3. Any User accepting this Agreement represents as follows:
3.3.1. he/she is an adult or
3.3.2. If the User is a minor, he/she is an emancipated minor or has obtained the legal consent of his/her parent, or legal guardian, or trustee to conclude the Agreement
3.3.3. no consent or approval of any third parties is required for the conclusion and execution by the User of this Agreement.
Novakid may demand at any time that the User provides information and documents confirming the above representations, and the User shall provide the documents within fourteen (14) days from the date of the request.
3.4. The User shall immediately notify Novakid of any case of unauthorized (not permitted by the User) access to the Platform.
3.5. For security purposes, the User shall independently carry out a secure shutdown under his/her account information. Novakid shall not be liable for the possible loss of or damage to the data.
4.1. Novakid undertakes to:
4.1.1 Within the time frame agreed upon by the Parties, render services to the User in the appropriate manner in accordance with the terms and conditions hereof.
4.1.2. Not disclose the confidential information and data provided by the User to any third party without the prior written consent of the User.
4.2. Novakid may:
4.2.1. Use the services of any individuals and legal entities for the purpose of timely and high-quality performance of the obligations under the Agreement.
4.2.2. Demand that the User pays for the cost of the Services in a timely manner in accordance with the terms and conditions hereof.
4.2.3. Record audio and video classes to control the quality of learning.
4.2.4. Use the e-mail address, phone number, and other data of the User to send him/her materials, including for the purpose of informing the User about the activities of the Platform and the progress of the Agreement performance. By registering on the Site and/or using the services of the Platform, the User agrees to the processing of his/her personal data by Novakid or by third parties engaged by Novakid for the purpose of fulfilling the terms of this Agreement.
4.2.5. Refuse to render the Services the User, and renew them, without explaining the reasons for refusing, subject to the refund for the Classes unused, with the exception of those Classes that were accrued as a bonus or gift.
4.2.6. Without an agreement with the User, modify and update the interfaces and services of the Platform/Site, add new materials, and specify the number of classes in the Service Packages.
4.2.8. When using the Platform, at any time and in any quantity, send informational messages to the User
4.2.9. Temporarily suspend rendering the Services under this Agreement for technical, technological, or other reasons that impede rendering the Services.
4.2.10. Perform all actions with the User’s Personal Data, including collection, systematization, accumulation, storage, updating, modification, use, depersonalization, blocking, destruction, processing by entering them into an electronic database, including in lists (registers) and reporting forms provided for by the documents governing the provision of reporting data (documents) hereunder during the entire term of this Agreement and within three (3) years after its termination.
4.2.11. Change the Teacher if there are good reasons (temporary disability, vacation, other circumstances). Novakid shall inform the User about changing the Teacher, via any of the Communication Channels.
4.3. The User shall:
4.3.1. Provide Novakid with all the information and data requested on the Site or directly by Novakid, which is required for rendering the services.
4.3.2. Not disclose the confidential information and other data provided by Novakid in connection with the performance of this Agreement, not disclose such facts or information (except for publicly available information) to any third party without the prior written consent of Novakid.
4.3.3. Comply with the established class schedule, cancel, or postpone them in a timely manner.
4.3.4. Not violate the intellectual rights to the results of intellectual activities belonging to Novakid and other persons and provided to the User under the Agreement;
4.3.5. Not copy or distribute the materials of the Platform;
4.3.6. Not provide his/her Personal Account to third parties for use;
4.3.7. Do the homework assigned by the teacher as part of the lesson;
4.4. The User may:
4.4.1. Use the Platform as functionally intended and the materials posted within the limits established by the Agreement;
4.4.2. Demand the fulfillment of obligations hereunder by Novakid on time and with appropriate quality. A class shall be considered to have been held properly if, within a day from the moment of its holding, the User does not inform Novakid about any claim concerning the quality of the class. Novakid reserves its right to consider the appeal of the User individually and, if there are good reasons, to decide on refund for the class.
4.4.3. Submit a request to change the Teacher, with the reason for such a request indicated. In this case, Novakid may decide on the replacement of the Teacher within forty-eight (48) hours from the date of receipt of the request.
4.4.4. Cancel or postpone the date and/or time of the class — on the conditions established by Sections 5 and 6 hereof.
4.4.5. Temporarily suspend classes, whereas the gap in the Teacher’s schedule becomes available for reservation by other Users. When resuming classes, the User and Novakid shall redetermine the class schedule.
5.1. Novakid shall render the Services to the User on the terms and conditions under this Agreement and the Service Package or Subscription selected by the User.
5.2. The Services shall be provided by Novakid remotely, by using information technology to provide the User with access to the required materials of the Platform.
5.3. Under the Agreement, the User shall order a specific list of Services in the Personal Account on the Platform. The Service Package or Subscription selected by the User shall be an integral part of the Agreement.
5.4. Prior to ordering Services, Novakid, upon request in the User’s Personal Account, shall hold a trial lesson aimed at familiarizing the User with the Platform as well as determining the level of English proficiency of the Student. The User can postpone or cancel the introductory lesson not later than eight (8) hours before the start of the introductory lesson. The User’s failure to meet the specified deadline shall mean that the User agrees to the time of lesson, and if he/she skips the class, the introductory lesson shall be considered to have been held. In this case, Novakid may refuse to hold a repeated introductory class for the User. If at the time set for starting the introductory lesson, the User is unavailable within the initial five (5) minutes, the Teacher may stop waiting for the User, and the introductory lesson shall be considered to have been held. The introductory lesson shall not be payable by the User, however, when it is canceled by the User, Novakid shall be entitled to refuse to hold a second trial class for the User.
5.5. The choice of the Teacher, as well as the class schedule (date and time) shall be agreed by the User and Novakid via the appropriate section in the Personal Account.
5.6. Novakid may recommend the teacher category to the Student as selected by the User (“Premium” or “Standard”) as well as the frequency with which the Student can study. An initial assessment of English proficiency is needed for reference and may differ from the assessment that the User may receive from third parties.
5.7. The User may request Novakid to change the Teacher and shall provide the reasons for such a request. Novakid reserves its right to refuse to satisfy it.
5.8. The class schedule shall be compiled based on the selected option of the Service Package or Subscription and the time intervals available for classes. Novakid shall be entitled, but not obliged, to reserve time in the Teacher’s schedule for regular users of services, however, if the User fails to pay for the lesson twenty-four (24) hours before its start, the reservation shall be canceled (the lesson shall be canceled).
5.9. To receive the Services, the User needs a personal computer and Internet access that meets the requirements listed below, which shall be procured by the User independently and at his/her own expense. Novakid shall not be responsible for the impossibility to render the Services, or poor-quality thereof, due to the absence or inappropriate functioning of the required software or Internet access on the User’s part.
Minimum technical requirements:
Recommended technical requirements:
5.10. For holding the class, the User shall allow access to the microphone and camera on his/her device.
5.11. The User agrees to the Novakid video recording of classes for the purpose of controlling the quality of the Services rendered hereunder, for the purpose of working with the claims of Users. The video of the lesson shall be stored for three (3) years. Therewith, the User agrees that a specific video record may in some cases be submitted to the Teacher, Novakid, state authorities, or the court, subject to legal grounds for such submission.
5.12. The Parties have agreed that the certificate of Services completion executed between Novakid and the User shall not be signed. The Services shall be considered accepted by the User in full and without comment if Novakid receives no written claims from the User within the time frame specified in Clause 4.4.2 of the Agreement.
6.1. Cancellation and postponement of classes by the User without the loss of balance may be arranged not later than eight (8) hours before the start of the class. The User’s failure to meet the specified deadline shall mean that the User agrees to the proposed time for the class, and if such the class is skipped, payment for it shall not be refunded. Without writing-off from the balance, the User shall be entitled to a one-time postponement of classes with this Teacher for not less than eight (8) hours and not later than one (1) hour before the start of the class, to the Teacher’s available time within the next seven (7) days. The number of possible postponements and/or cancellations of classes without losing a place in the Teacher’s schedule depends on the intensity of the User’s class schedule. If there is no available time in the Teacher’s schedule within the period of seven (7) days, the User shall lose the place in the schedule and one class shall be written off from the User’s Balance. In case of postponement or cancellation of an already postponed lesson (postponed for less than eight (8) hours and not later than one (1) hour before the start of the class), one class shall be written off from the User’s Balance. Novakid reserves its right to consider the User’s appeal if there is no time available in the Teacher’s schedule.
6.2. The Teacher shall have the right to postpone or cancel classes, having informed Novakid thereof in advance. In this case, a substitute Teacher shall be assigned to the User. The User may reject the substitute Teacher as follows:
In this case, the funds for the lesson will not be written off from the balance. If a substitute Teacher is not found, the User will be notified of the cancellation of the lesson. Novakid may consider the User’s request to change the Teacher if the Teacher, in the opinion of the User, reschedules the classes too often.
6.3. If the User is absent from the classroom on the Platform at the time set for the class, the Teacher shall wait for the User for twenty-five (25) minutes. However, the class starting time shall be the time set in the class schedule. If the Student fails to start the class at the time set as per the schedule and fails to notify Novakid in advance of his/her impossibility to attend the lesson, this class shall be considered to have been held and shall be payable in full.
6.4. Classes that have not been held due to the Teacher’s fault shall be subject to free cancellation or shall be postponed to another time convenient for the User.
6.5. The User may inform Novakid via Support Chat about his/her desire to increase, change the number as well as the duration of classes, change the Teacher.
7.1. The User shall also be entitled to suspend the classes temporarily, whereas the gap in the Teacher’s schedule shall become available for reservation by other Users. When resuming classes, the User and Novakid shall redetermine the class schedule.
7.2. Novakid may suspend rendering the Services at its own initiative during official holidays in the User’s country or at the location of Novakid.
7.3. Novakid may replace the Teacher if there are good reasons for the Teacher. Novakid shall inform the User about changing the Teacher. In case the User refuses to study with the provided Teacher, the User may suspend the classes in the manner prescribed by this Agreement.
8.1. Via an e-mail or an SMS message to the mobile phone, Novakid shall inform the User about the assignment of lessons, the cancellation of lessons, the appointment of a substitute Teacher, and other events. Novakid does not guarantee delivery of these messages.
8.2. Failure to attend a lesson due to the lack of notice shall not be a reason for refunding the lesson, and in this case, the class shall be considered to have been held and shall be payable in full.
8.3. The User may inform the Platform manager about the postponement/cancellation of the class via any communication channel.
8.4. Telephone messages on postponement/cancellation of classes shall be accepted only during working hours (daily from 08:00 a.m. to 07:30 p.m. CET, except for days when the Platform may work intermittently in accordance with Clause 7.2). Messages sent at other times in the Support Chat or via e-mail shall be processed on the next business day within the indicated hours.
9.1. The Platform Services are the paid services, and they shall be payable on the basis of one hundred percent (100%) prepayment. Access to the Services shall be provided upon full prepayment. The payment date shall be the date of receipt of funds to the Novakid account or accounts of third parties entitled to collect funds.
9.2. Ordering a specific volume of Services shall be carried out by the User on the Platform by selecting and paying for the Service Package or Subscription through the Personal Account.
9.3. When paying for the Services in the Personal Account, the User shall select the payment method and perform the actions stipulated by the rules of the corresponding electronic payment systems. In this case, the moment of payment shall be the moment of a positive result of payment authorization in the selected payment system.
9.4. The exact number of Lessons, to which the User is granted access upon paying for the Services, depends on the selected Service Package or Subscription.
9.5. Features of the Service Package:
9.5.1. Limitations on the use period: no restrictions.
9.5.2. Features of debiting funds: credited funds shall be credited to the Lesson Balance in accordance with the tariffs of the Packages published in the User’s Personal Account.
9.5.3. Switching from the Service Package to Subscription: The User has an opportunity to subscribe in the Personal Account — by selecting the appropriate option when paying. If lessons are listed on the User’s balance at the time of subscription, they shall be fully converted to the Bonus Balance. The cost of lessons for conversion shall be determined pro rata the amount of the last payment.
9.5.4. Terms and conditions of refund shall be as follows: the User may send a request for a refund in accordance with Clause 9.12 of the Agreement.
9.6. Subscription Features:
9.6.1. The base validity period of the Subscription is twenty-eight (28) calendar days, but may be changed if the number of classes used by the Student during the Subscription period exceeded the volume of the Services included in the current User Subscription.
9.6.2. Payment of the Subscription: payment of the Subscription shall be made in advance in the amount of one hundred percent (100%) of the cost of the Services for the relevant Subscription Period. The User shall pay for the Subscription by a credit card. The User shall make the first payment with entering the details of the card, then a payment plan is created in accordance with the selected Subscription Period according to which the payment service operator will deduct the indicated amount from the card automatically. If the next payment is not made due to a lack of funds on the card or for any other reason, the system will send a notification and try to write off twice more at an interval of one day.
9.6.3. By an SMS message, Novakid shall inform the User about the upcoming payment under the Subscription. Novakid does not guarantee delivery of these messages.
9.6.4. Writing off for the Subscription: Subscription implies writing off for classes every twenty-eight (28) days from the date of payment or the date of renewal of the Subscription. In case of any disagreement with this procedure for payment for the Services, the User may send a request to disable the Subscription to the Customer Service or disable it by using the “Cancel Subscription” button in the Personal Account and may purchase the Service Package.
9.6.5. Subscription disabling: The User may disable the Subscription by sending a request to the Customer Service in the Support Chat.
9.6.6. Switching from Subscription to the Service Package: The User may switch from the Subscription to the Service Package by sending a request to cancel the Subscription to the Support Chat. Novakid shall cancel further automatic renewal of the Subscription. Upon expiration of the canceled Subscription, the Service Packages will be available to the user for purchase.
9.6.7. At the next renewal of the Subscription, Billing shall credit the balance of the Bonus Account and reduce the cost of renewing the Subscription by not more than twenty-five percent (25%) of its value — both automatically.
9.6.8. Unused classes at the end of the Subscription period shall be transferred to the User’s Bonus Account at the rate of 50% for each class. The cost of the class shall be calculated pro rata the last payment.
9.6.9. Terms and conditions for a refund: The User may receive a refund for the Subscription in accordance with the procedure provided for in Clause 9.11 hereof.
9.6.10. Suspending the Subscription. The User may suspend the subscription for a period of one to four (1–4) weeks. In this case, the cost of unused classes shall be credited to the User’s bonus account in full.
9.7. Using a bonus account when paying for services: When paying for the Services, the User may use the Bonuses or the current promotion and make a partial payment by using the Bonuses. The User agrees that the rules of bonus programs and promotions shall be set and canceled by Novakid without notifying the User. Information about bonus programs and current promotions, as well as the conditions for their accrual and provision, shall be stipulated by Novakid on the Site and/or in the User’s Personal Account on the Platform as well as in Novakid on social network accounts.
9.8. The administration does not control the hardware and software complex of electronic payment systems and shall not be responsible for errors in such hardware and technical complex. If as a result of such errors, the User’s funds were debited without payment authorization, the obligation to refund to the User shall lie with the provider of the electronic payment system.
9.9. The User shall independently pay for the related services of third parties (including communication services, the Internet, etc.) necessary to receive the services of the Platform.
9.10. Novakid does not store the data of bank cards of payers on its resources, including servers, cloud technologies, etc.
9.11. Refusal to use the Services, refund procedure:
9.11.1. The User may terminate this Agreement by refusing form being provided with classes, subject to the submission of a written refusal of services to Novakid (in the form of a message in the Support Chat), with the reasons for such termination indicated in detail. The User may refuse form being provided with classes under the Subscription within two (2) weeks after the start of using the first purchased Subscription as well as if the purchase was not the first one, whereas no classes in the Subscription were used. In this case, Novakid may consider the issue of refunding the money previously paid by the User to the User.
9.11.2. The User may refuse form being provided with classes under the Subscription, subject to no classes used.
9.11.3. In the case of a positive decision, Novakid shall arrange the refund within five (5) business days.
9.11.4. The cost to be refunded shall be determined based on the number of lessons on the Lesson Balance — in the case of a Service Package enabled, and based on the unused Subscription lessons — in case of a Subscription enabled, pro rata the amount of the last payment.
9.12. In the event that after the termination of this Agreement, the User decides to resume classes, the cost of classes will be determined at current rates. Novakid may consider the issue of keeping the tariffs for the User, valid until the date of resumption of classes, provided that the Lesson Balance in the User’s Personal Account is positive.
10.1. The liability of Novakid for cancellation (or failure to hold a class for technical reasons) shall be limited to the refund to the User’s Lesson Balance or Bonus Account or the postponement of the canceled class. The liability of Novakid for rendering the Services in other cases shall be limited to the cost of the current Service Package or Subscription.
10.2. If the User is provided with additional classes as a bonus, the User may not demand monetary compensation for such classes if they have not been held for any reason or if the User refuses form being provided with such classes.
10.3. Novakid shall not be responsible for the impossibility to render the Services, or poor-quality thereof, due to the absence of the required software or problems with the Internet.
10.4. The Parties shall not be liable for complete or partial failure to fulfill their obligations due to force majeure, namely, floods, other natural disasters, military operations, decisions and resolutions of state authorities, communication providers, or other events. A certificate issued by the authorized agencies shall be the proper evidence of the presence of force majeure circumstances and their duration for the Parties.
10.5. The User shall not disclose the confidential information and other data provided by Novakid to third parties without the prior written consent of Novakid.
10.6. The User shall be liable for:
10.7. Novakid does not guarantee the absence of malfunctions and errors in the operation of the Platform.
10.8. Novakid does not guarantee that the Student will master the relevant (or expected by the User) level of English so that he/she has a perfect command of English, due to the fact that mastering the relevant language level depends directly on the time spent by the Student on learning the language, the Student’s abilities, and the efforts made by the Student to learn the language.
11.1. The User shall provide Novakid with all the data requested by the Platform, which is required for rendering the services.
11.2. Novakid shall process the User’s data in accordance with the Agreement on the processing of personal data, which can be found at: https://novakidschool.com/privacy-policy.
11.3. Novakid shall not disclose the confidential information provided by the User in connection with the performance of the Agreement (except for publicly available information or information provided by the User during Registration on the Platform) to third parties without the prior consent of the User.
12.1. All intellectual property rights to the training materials of the Platform are and shall remain the intellectual property of Novakid or other persons identified by Novakid.
12.2. All textual information and graphic images on the Platform Site are the intellectual property of Novakid or other persons identified by Novakid.
12.3. Use of texts, images, and other content posted on the Platform Site, reproduction and distribution thereof by any means, including on the Internet, public display, making available to the public, copying (full and partial), translation, alteration is prohibited, except when Novakid gives its direct permission for such actions.
12.4. The User’s breach of any of the above terms and conditions shall entitle Novakid to terminate immediately the User’s access to the Platform and terminate this Agreement unilaterally within two (2) business days.
13.1. The User is granted a license to use the Platform for learning English (hereinafter, the “license”); such license shall be for personal use only. The User may not copy, distribute the contents of the Platform, or provide third parties with access thereto.
13.2. The license is granted for the entire term of the service plus one (1) year after the last class. Novakid reserves the right to restrict the User’s access to the Site and the Platform after the expiration of the license.
13.3. The license is not transferable and does not give the User the right to issue sublicenses to the Site or the Platform.
13.4. The Parties shall resolve through negotiations all disputes or disagreements arising between them under this Agreement or in connection herewith. The Party whose right is violated shall send a written claim to the other Party via electronic communication. If within ten (10) business days, the Party that submitted the claim receives no response thereto, as well as within ten (10) business days from the date of receipt of the first response to the claim, the Parties fail to reach an agreement, then — to defend its rights — the Party whose right is violated may apply to the court at the place of registration of the defendant in accordance with the current legislation.
13.5. Recognition by a court of any provision hereof as invalid or not enforceable shall not entail the invalidity or unenforceability of other provisions of the Agreement.
13.6. Novakid may assign the rights and obligations hereunder to third parties, and the User hereby gives his/her consent to such an assignment of rights and obligations.