Alpha Anywhere Terms of Use
Last Updated: March 2026
These terms of use govern your use of online and/or mobile services, websites, portals, and software made available by 2HR Learning Global Inc., whose products and services are marketed under the brand "Alpha Anywhere" (“Alpha Anywhere”) including but not limited to any Alpha Anywhere-branded parent portal, websites, applications, and any other Alpha Anywhere website, app, or online service that links to these terms, and any underlying software and including any updates or upgrades (collectively, the “Services”).
By use or access of the Services, or clicking an acceptance button, or checking a box marked “I Agree” (or similar), you acknowledge you have read, understood and agree to be bound by the terms herein. Your acceptance forms a contract between the individual (“you” or “User”) containing the terms of this Agreement, and you agree to the collection, processing, and sharing of your information as set forth in the Alpha Anywhere Privacy Policy (“Privacy Policy” and, collectively, the “Agreement”).
Alpha Anywhere reserves the right to modify this Agreement so long as it provides notice of these changes to you as described below.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH TERM. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. The Services
1.1. License. Alpha Anywhere grants you a personal, non-transferable and non-exclusive right and license to use the Service subject to compliance with the Agreement and payment obligations.
1.2. License Restrictions. You agree that you will not, and you will not permit others to, directly or indirectly:
a. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how or algorithms relevant to the Services or any software or data related thereto;
b. Modify, translate or create derivative works based on the Services;
c. Copy, sell, assign, sublicense, grant a security interest in, transfer any right in the Services, or otherwise exploit for any commercial purposes the Service, or any portion thereof, including but not limited to use of or access to the Services.
d. Use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party except as expressly permitted herein;
e. Perform any automated scraping, harvesting, indexing, mining, or extracting content from the Services;
f. Remove any proprietary notices or labels; or
g. Attempt to obtain unauthorized access to the services in any way. You shall not permit a direct competitor of Alpha Anywhere to access or use the Services for any reason.
1.3. Violations. Alpha Anywhere reserves the right to, among other remedies, cancel your account without refund if it is determined that you have violated this Section of the Agreement.
2. Authority and Parental Consent
2.1. Minors and Parental Involvement. If a User is under eighteen (18) years of age, the Services may only be used with the involvement and consent of a parent or legal guardian. By creating or managing an account on behalf of a minor, you represent and warrant that you have all necessary legal authority to do so and to request any actions taken in connection with the account.
2.2. COPPA Consent for Children Under 13. If a User is under 13 years of age, you represent and warrant, as the parent or legal guardian creating the account, that: (a) you have read and understood Alpha Anywhere's Privacy Policy; (b) you are aware of the rights of parents, legal guardians, and children under the Children’s Online Privacy Protection (“COPPA”); (c) you have the legal authority to provide consent on behalf of the minor; and (d) you expressly authorize Alpha Anywhere to collect, use, and disclose Student Data to the extent reasonably necessary in connection with the Services, as further described in the Privacy Policy. “Student Data” means personal information that is directly related to an identifiable student and may include “educational records” as defined by Family Educational Rights and Privacy Act (“FERPA”), data subject to COPPA, as well as “sensitive” data as defined by applicable US state privacy laws. Alpha Anywhere assumes no responsibility for the failure of any parent or guardian to provide proper and necessary consent prior to permitting a minor to access the Services. The information authorized for collection includes, without limitation:
Browser history and screen data on computers used for educational activities;
Purchase history in connection with the redemption of rewards; and
Audio and video recordings.
2.3. Account Actions. If you contact Alpha Anywhere concerning an account or User, you represent and warrant that you have all necessary authority to request the action(s) on behalf of the account.
3. Account Registration
3.1. Registration Obligations. In order to use the Services, a User is required to register for an account. You agree to: (a) provide true, accurate, current and complete information about yourself to any registration form (such information being the “Registration Data”) and (b) maintain and promptly update such data. Alpha Anywhere has the right to suspend or terminate your account if you provide any information that is untrue, inaccurate, or incomplete, or Alpha Anywhere has reasonable grounds to suspect the validity of any information provided by you.
3.2. Eligibility. You, for and on behalf of each associated User, confirm and agree: (a) each User meets all eligibility criteria set forth for the Services, including all age and authorization requirements; (b) the User has not been previously suspended by Alpha Anywhere for misuse or wrongful action; and (c) you will ensure that each User is in compliance with any applicable laws.
3.3. Account Password and Security. Upon completing the registration process, you will have a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Alpha Anywhere of any actual or suspected unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Alpha Anywhere is not responsible for any unauthorized access to your account or data that arises from your acts or omissions with respect to your account. Accounts may not be shared by more than one person unless expressly authorized by Alpha Anywhere.
3.4. Termination of Account. Alpha Anywhere may, in its sole discretion, suspend or terminate your password, account (or any part thereof), or use of the Services, for any reason, including without limitation lack of use or violation of this Agreement. Termination may be implemented without prior notice. Upon termination, Alpha Anywhere may deactivate or delete your account and all related data and may bar any further access to the Service, subject to applicable law and the Privacy Policy.
4. User Content
4.1. User Content Defined. Any materials a User submits, creates, posts, displays, provides, or otherwise makes available through its use of the Services is referred to as “User Content”. User Content may include but is not limited to text, images, comments, questions, and any other content, data, or information generated or submitted by a User.
4.2. License to User Content. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service or to Alpha Anywhere, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Alpha Anywhere a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Alpha Anywhere’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. A User will not be compensated for any data or information provided to Alpha Anywhere, including but not limited to Student Data or User Content.
4.3. Responsibility for User Content. You may only submit User Content that you own or have sufficient rights to post, including any necessary permissions from the owner. You may not upload or post any User Content that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy, publicity, or any other legal right.
4.4. Restrictions on User Content. With respect to User Content, a User may not:
Post, upload, publish, or distribute any libelous, defamatory or inaccurate User Data or other content or content that is unlawful or that a reasonable person would deem to be objectionable, embarrassing, distressing, offensive, vulgar, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
Impersonate any person or entity, falsely claim affiliation with any person or entity;
Perform fraudulent activity or submit User Content for any illegal purposes;
Insult, defame, harass, abuse, threaten or defraud other users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
Encourage others to commit any of the foregoing activities; or
Submit the work of others as their own work or otherwise attempt to cheat on assignments or assessments.
5. General Account Information; Account Terms; Payments; Cancellation
5.1. Subscription Term, Fees. Use of the Services is made available for a specified subscription term and subject to payment of the applicable fees, which may include transaction fees and/or applicable taxes (“Fees”). Payment shall be made upon registration of an account, and each month thereafter, in accordance with the applicable program selected. Fees for any renewal will be automatically charged, unless you notify Alpha Anywhere of your desire not to renew. Except as otherwise expressly agreed, financial commitments hereunder are binding and noncancellable and Fees paid are non-refundable. Notwithstanding the foregoing, you may request that any pre-paid, unused fees be credited towards your student’s enrollment at any Alpha School. Payment shall be processed by Alpha Anywhere’s third party payment partner.
5.2. Automatic Renewals. Subscription renewal fees will be automatically charged to your card on file upon renewal of each subscription period in accordance with the subscription selected at enrollment. Alpha Anywhere reserves the right to adjust pricing for Services at any time at its discretion. Any price changes will take effect following posting or other notice (e.g., e-mail), unless otherwise agreed or required by applicable law and shall take effect upon commencement of the renewed subscription term. If your Payment is not able to be processed for any reason not attributable to Alpha Anywhere, you authorize us to continue billing that Payment Method and remain responsible for uncollected amounts.
5.3. Cancellation. Accounts may not be canceled until expiration of the then-current term. Requests for cancellation, including requests to opt out of automatic renewal, will be effective at the end of the then-current term.
5.4. Expiration of Subscription. Upon expiration of the applicable term, unless otherwise renewed, the User’s access to the Services will be terminated. If a User wishes to save or maintain any data, it is the User’s sole obligation to request or download such data before the conclusion of the applicable term. Once the term of an account ends, Alpha Anywhere may delete data relating to an account in accordance with this Agreement and the Privacy Policy.
6. Data Protection
6.1. License to and Use of Student Data. You authorize Alpha Anywhere to access, collect, transmit, modify, display and store data, including Student Data, to provide the Services and as described in this Agreement and in our Privacy Policy. Alpha Anywhere may use Student Data solely for the purposes of (a) providing the Services, (b) improving and developing the Services, (c) enforcing our rights under these Terms, and (d) as otherwise permitted with your or the User's consent.
6.2. Compliance with Laws. Alpha Anywhere and you each agree to uphold applicable obligations under COPPA, the Protection of Pupil Rights Amendment (“PPRA”), applicable state laws relating to student data privacy, and all other laws and regulations governing the protection of Student Data. To the extent that FERPA applies to Student Data that Alpha Anywhere receives in connection with the Services, Alpha Anywhere agrees to handle such data in accordance with FERPA’s requirements.
6.3. De-Identified and Anonymized Student Data. You agree that both before and after the term of the Agreement, Alpha Anywhere may collect, use, and retain data derived from Student Data as well as data about Users’ use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that Alpha Anywhere may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
6.4. Marketing. You agree that Alpha Anywhere may provide customized content, advertising, and commercial messaging to parents, guardians and other non-student Users from time to time. For the avoidance of doubt, Alpha Anywhere shall never use Student Data to engage in targeted advertising directed at a student.
6.5. Disclosure of Student Data and Third-Party Service Providers. Alpha Anywhere may provide access to Student Data to our staff and service providers which have a legitimate need to access such information to provide their services to us.
6.6. Student Data Access and Deletion Requests. You may request that we delete Student Data in our possession at any time by submitting a request to privacy@2hourlearning.com providing such a request in writing, and we shall comply with such request within a reasonable time except that Alpha Anywhere shall not be required to delete Student Data that has been de-identified or as otherwise prohibited by law. User over the age of 18 seeking to access, modify, correct, or delete personal information in their own account may contact Alpha Anywhere at the email address above.
6.7. Data Security and Breach Notification. Alpha Anywhere has implemented administrative, physical and technical safeguards designed to secure the personal information in Alpha Anywhere’s possession and control from unauthorized access, disclosure and use. If an unauthorized party gains access to or has been disclosed Student Data (a “Security Event”), that we have collected or received through the Service under this Agreement, we will promptly notify you as required by law.
6.8. State Specific Terms. Additional terms may be required under applicable law for use of the Service in certain states. It is your responsibility to inform yourself of any state-specific privacy rights that may apply to you or your student.
7. Recordings and Release During Tutoring and Coaching Interactions
7.1. Session Recordings. For quality assurance, training, and improvement of Services, and for any other purpose that Alpha Anywhere deems necessary and appropriate for the provision of Services in its sole discretion, interactions between the User and Alpha Anywhere, including but not limited to tutoring and 1:1 coaching interactions, will be audio and video recorded using Zoom or a similar recording tool. Additional recordings may be collected upon notice to you.
7.2. Photography and Video Release. Certain features of the Services may allow Users to submit or capture photographs, video, or other images (“Photos”). As between you and Alpha Anywhere, you retain ownership of any Photos you submit through the Services, subject to the limited license granted to Alpha Anywhere under Section 4.2 (License to User Content). Unless the User specifically and expressly opts out by emailing privacy@2hourlearning.com, Alpha Anywhere and its affiliates may use your Photos in accordance with that license. For the avoidance of doubt, recordings made by Alpha Anywhere in connection with the Services, including session recordings under Section 7.1 (Session Recordings), are and remain the property of Alpha Anywhere. You acknowledge that other Users accessing the Services may capture screenshots or recordings of virtual interactions, including of other Users, and may share such content on third-party platforms. Alpha Anywhere disclaims all liability for such capture or sharing by other Users.
8. Artificial Intelligence
8.1. AI-Powered Features. The Services incorporate artificial intelligence features and tools, which may include AI-generated content, AI-driven personalization, automated content moderation, and other AI-assisted functionality (collectively, "AI Features"). AI Features may be powered by third-party artificial intelligence providers, including but not limited to OpenAI and Google (collectively, "AI Providers").
8.2. AI Disclaimer. AI Features are provided on an "as is" basis. Alpha Anywhere makes no representations or warranties regarding the accuracy, reliability, completeness, or safety of any output generated by AI Features, and expressly disclaims all liability for errors, omissions, biases, hallucinations, or other defects resulting from the use of AI Features.
8.3. AI Generated Avatars and Content. The Services may allow Users to create, customize, or receive AI-generated avatars, images, characters, or other personalized content ("AI-Generated Content").
AI-Generated Output. AI-Generated Content produced by the Services, including avatars and characters, is owned by Alpha Anywhere to the extent permitted by applicable law. Alpha Anywhere grants you a limited, personal, non-transferable license to use AI-Generated Content solely within the Services for your personal, non-commercial use during the term of your account.
No Commercial Use. You may not download, reproduce, distribute, sell, or otherwise commercially exploit AI-Generated Content outside of the Services without Alpha Anywhere's prior written consent.
No Guarantee of Uniqueness. Because AI-Generated Content is produced algorithmically, similar or identical outputs may be generated for other Users. Alpha Anywhere does not guarantee that any AI-Generated Content is unique to you.
8.4. Content Screening and Moderation in Communities. All text communications, chat messages, and community interactions within the Services are subject to automated AI content screening ("AI Moderation"). AI Moderation is performed to detect and flag content that may violate this Agreement or applicable law, including but not limited to content that is harmful, abusive, sexually explicit, or otherwise inappropriate for minors. The following may occur as part of the AI Moderation process:
Chat messages and community communications may be transmitted to and processed by AI Providers for content screening purposes.
All Community Features, expressly including voice communications and any flagged content, may be reviewed by Alpha Anywhere at any time.
Alpha Anywhere reserves the right to remove flagged content, suspend or terminate accounts, and report conduct or content to law enforcement or other authorities.
Alpha Anywhere is committed to maintaining a safe environment for all Users. However, no content moderation system is perfect, and Alpha Anywhere cannot guarantee that all harmful or inappropriate content will be detected or prevented. We encourage parents and guardians to remain actively engaged in monitoring their child's use of the Services.
8.5. Photo Use and Processing. Certain features of the Services may allow Users to submit or capture Photos for processing purposes, including but not limited to avatar creation or profile features.
Third-Party Processing. Photos submitted through applicable features may be transmitted to AI Providers for processing (for example, image recognition or avatar generation). Photos transmitted for this purpose are processed in accordance with the applicable AI Provider's terms and privacy policy.
Authority. If a User submits a Photo that depicts a minor, you represent and warrant that you are the parent or legal guardian of that minor and that you consent to the processing described in this Section on the minor's behalf.
9. Community Features, Code of Conduct, Safety
9.1 Access to Community Features. The Services may include interactive community features such as chat, voice chat, messaging, forums, multiplayer environments, or social interaction tools (collectively, “Community Features"). Access to Community Features is subject to the following conditions:
Parental Acceptance. If a User is under the age of 18, Community Features may only be accessed after the parent or legal guardian has affirmatively accepted the terms of this Agreement, including this Section, on the minor's behalf.
Age-Appropriate Access. Alpha Anywhere reserves the right to restrict or limit access to certain Community Features based on a User's age or other eligibility criteria.
Account Required. Users must maintain an active, verified account in good standing to access Community Features.
9.2. Community Features Code of Conduct. All Users accessing the Community Features must comply with Alpha Anywhere's Code of Conduct. The following conduct is prohibited within all Community Features:
Sharing personal information (including full name, address, phone number, school name, or location) of yourself or any other person;
Engaging in bullying, harassment, intimidation, threats, or hate speech directed at any person or group;
Sharing, soliciting, or distributing sexually explicit, violent, political, or otherwise inappropriate content;
Attempting to establish contact with other Users outside of the Services;
Impersonating any person, entity, or Alpha Anywhere staff;
Using language or symbols that promote self-harm, substance use, or other harmful behaviors;
Soliciting or sharing information that could be used to circumvent Alpha Anywhere's safety features or parental controls; and
Any other conduct that Alpha Anywhere, in its sole discretion, determines to be harmful, inappropriate, or inconsistent with a safe learning environment for minors.
9.3. Blocking. Users may block other Users within Community Features at any time using the blocking tools available within the Services. Blocking a User will prevent that User from initiating further contact with you through Community Features. Alpha Anywhere does not guarantee that blocking will prevent all contact in all circumstances.
9.4. Reporting. Users may report violations of this Code of Conduct at any time using the reporting tools available within the Services or by emailing privacy@2hourlearning.com. Alpha Anywhere will review reports and take appropriate action in its sole discretion. Alpha Anywhere is not obligated to notify the reporting User of the outcome of any report.
9.5. Consequences. Violations of this Code of Conduct may result in any of the following actions at Alpha Anywhere's sole discretion: a warning, temporary suspension of access to Community Features or the Services, permanent termination of the account, and/or referral to law enforcement or child protective authorities. Fees paid are non-refundable in the event of account termination for Code of Conduct violations.
9.6. Voice Chat Recording and Data Retention. The Services may include voice chat, allowing real-time audio communication between Users ("Voice Chat").
Recording. All Voice Chat sessions are recorded for safety monitoring, quality assurance and other purposes.
AI Review. Voice Chat recordings may be processed using AI tools, which may include services provided by AI Providers, to detect content that may violate this Agreement or the Code of Conduct or raise safety concerns.
9.7. Parental Controls and Mandatory Safety Notifications
Parental Controls. Alpha Anywhere provides parents and legal guardians with parental control tools that allow you to manage your child's access to certain features of the Services, including Community Features and Voice Chat. Alpha Anywhere reserves the right to modify, update, or discontinue specific parental control features at any time, subject to applicable law.
Mandatory Safety Notifications. Certain safety-related notifications are mandatory and cannot be disabled by any User, including parents and legal guardians ("Mandatory Safety Notifications"). By creating an account on behalf of a minor, you agree to receive Mandatory Safety Notifications and acknowledge that these notifications cannot be suppressed or opted out of. It is your responsibility to maintain accurate and current contact information in your account to ensure receipt of Mandatory Safety Notifications. Alpha Anywhere shall not be liable for any failure to receive a Mandatory Safety Notification that results from inaccurate contact information provided by you. Mandatory Safety Notifications include, without limitation:
Notifications that a safety concern has been flagged in connection with your child's account;
Notifications that your child's account has been suspended or terminated for a Code of Conduct violation;
Notifications required by applicable law in connection with a data breach, unauthorized access to a minor's account, or a report made to law enforcement or child protective authorities.
10. Third-Party Gaming Platforms
10.1. Third-Party Gaming Integrations. The Services may include links to, or integrations with, third-party gaming platforms, including but not limited to Roblox private servers (collectively, "Gaming Platform Integrations"). Gaming Platform Integrations are provided as a supplementary feature for Users and are subject to the following terms:
Separate Terms Apply. Access to and use of any Gaming Platform Integration is governed by the applicable third-party platform's own terms of service, community guidelines, privacy policy, and age requirements (collectively, "Platform Terms"). By accessing a Gaming Platform Integration through the Services, you agree to be bound by the applicable Platform Terms. For Roblox, the applicable Platform Terms are available at https://en.help.roblox.com/hc/en-us/articles/115004647846.
Third Party Terms Between You and Third Party. Alpha Anywhere is not a party to Platform Terms and does not endorse any Gaming Platform Integration or the content, conduct standards, or safety practices of any third-party gaming platform. Alpha Anywhere has no control over and assumes no responsibility for the content, policies, availability, or practices of any Gaming Platform Integration.
Parental Responsibility. You are solely responsible for reviewing the applicable Platform Terms and determining whether access to a Gaming Platform Integration is appropriate for your child. Access to Gaming Platform Integrations by minors may be subject to the age requirements of the applicable platform. Alpha Anywhere does not guarantee that Gaming Platform Integrations are appropriate for all ages.
Private Servers. Where Alpha Anywhere provides access to a private server environment on a third-party gaming platform (such as a Roblox private server), Alpha Anywhere cannot guarantee that all content or conduct within a private server environment is safe or appropriate, and you acknowledge that Alpha Anywhere's ability to moderate third-party platform environments is limited by the tools and access provided by those platforms.
Additional Platforms. Alpha Anywhere may, from time to time, add integrations with additional third-party gaming platforms. Any new Gaming Platform Integrations will be subject to this Section and any additional terms that Alpha Anywhere may publish in connection with such integrations.
10.2 No Liability for Gaming Platform Integrations. ALPHA ANYWHERE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY HARM, LOSS, OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A USER’S USE OF ANY GAMING PLATFORM INTEGRATION, INCLUDING BUT NOT LIMITED TO HARM ARISING FROM CONTENT, CONDUCT, OR COMMUNICATIONS OCCURRING ON THIRD-PARTY PLATFORMS. THIS DISCLAIMER APPLIES REGARDLESS OF WHETHER ALPHA ANYWHERE PROVIDED A LINK OR ACCESS TO THE GAMING PLATFORM INTEGRATION THROUGH THE SERVICES.
To the maximum extent permitted by applicable law, Alpha Anywhere's total liability in connection with any Gaming Platform Integration shall be subject to the limitation of liability set forth in this Agreement.
11. Copyright Complaints
11.1. Infringement. Alpha Anywhere responds to infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). Alpha Anywhere may terminate Users who are deemed to be repeat infringers. Alpha Anywhere may also, in its sole discretion, limit access to the Service and/or terminate any User account who infringes the intellectual property rights of others, whether or not a repeat infringement.
12. International Use
12.1. Compliance with Local Laws. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction(s) in which you reside. You agree to comply with all applicable laws regarding exports of the Service and information from the United States or the jurisdiction(s) in which you reside, and acknowledge that your personal data may be imported to and stored in the United States, which may not have the same level of data protection as your jurisdiction.
13. Indemnification
13.1. Indemnity. To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Alpha Anywhere and its subsidiaries, affiliates, officers, agents, licensees, partners, service providers, employees, and contractors from any claim or demand, including reasonable attorneys’ fees, of any third party arising out of or related to: (a) any and all content you submit, transmit or make available to or through the Services, including without limitation User Content; (b) your use or misuse of the Services; (c) your violation of this Agreement; (d) your violation of any applicable law or the rights of another person or entity; (e) your gross negligence or willful misconduct; or (f) any other party’s access and use of the Services through your account. Alpha Anywhere reserves the right, at its own 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.
14. Notifications and Modifications
14.1. Notification Process. Alpha Anywhere may notify you via e-mail, through posting on our website, or by any other method of communication as determined in our sole discretion.
14.2. Updates to Agreement or Policies. Alpha Anywhere may modify or update this Agreement from time to time in its sole discretion. Changes will be reflected in the “Last Updated” date above; however you will be personally notified in the event of any material changes, your continued use of the Services following any update constitutes your acceptance of the revised terms. If you do not agree to any of the terms herein this Agreement or in any future revision of terms, you may not use or access the Service. Alpha Anywhere reserves the right to cancel your account if you refuse or fail to accept changes made to this Agreement.
14.3. Modification of Services. Alpha Anywhere reserves the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice, temporarily or permanently, provided, however that any such modifications shall not result in a material decrease in the core functionality of the Services. You agree that Alpha Anywhere shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, except to the extent such modification constitutes a material decrease in core functionality and Alpha Anywhere has failed to cure such decrease within a reasonable period after written notice from you.
15. Third-Party Components; Links
15.1. Third-Party Terms. The Services may be accompanied by, require, or contain certain third-party components. These components may require you to agree to additional terms. In some cases, you may be required to directly purchase third-party components to access or use certain features.
15.2. No Warranty for Third-Party Components. ALL THIRD-PARTY COMPONENTS ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT WARRANTY OF ANY KIND. ALPHA ANYWHERE DISCLAIMS ALL WARRANTIES AND INDEMNITIES WITH RESPECT TO THIRD-PARTY COMPONENTS AND ASSUMES NO LIABILITY FOR THEIR AVAILABILITY, FUNCTION, OR OUTPUT.
15.3. Third-Party Sites or Resources. Alpha Anywhere may provide links to third-party websites or resources. Alpha Anywhere is not responsible for the availability, content, advertising, products, or materials on or available from such sites or resources and does not endorse them. You acknowledge and agree that Alpha Anywhere shall not be responsible or liable for any damage or loss caused by or in connection with your use of any third-party component, link, site, or resource.
16. Rights to the Services
16.1. Rights to Intellectual Property. The Services, expressly including any proprietary software used in connection with the Service and any trade secrets embodied therein contain proprietary and confidential information protected by applicable intellectual property and other laws. Alpha Anywhere retains all right, title and interest in and to the Services.
16.2. Feedback. All suggestions, ideas, improvements, corrections, or other feedback that you may provide regarding the Services will be owned exclusively by Alpha Anywhere without restriction or compensation to you of any kind.
17. No Warranty
17.1. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ALPHA ANYWHERE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ALPHA ANYWHERE MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS, BE ACCURATE OR RELIABLE (B) THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, (C) THE QUALITY OF SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (D) ERRORS WILL BE CORRECTED.
17.2. MATERIALS. ANY MATERIALS DOWNLOADED OR MADE AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA LOSS RESULTING FROM YOUR USE OF THE SERVICES.
18. Limitation of Liability
18.1. NO INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALPHA ANYWHERE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ALPHA ANYWHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF AN ESSENTIAL PURPOSE.
18.2. MONETARY CAP ON DAMAGES. IN NO EVENT WILL ALPHA ANYWHERE OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR THIRD-PARTY PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE ALPHA ANYWHERE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ALPHA ANYWHERE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR FIFTY U.S. DOLLARS ($50), WHICHEVER IS GREATER.
19. Dispute Resolution
19.1. Governing Law. This Agreement shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or the United Nations Convention on Contracts for the International Sale of Goods, shall not apply to this Agreement.
19.2. Venue. Both parties agree that any claims under this Agreement, including any arbitration proceedings, shall be brought in the federal and state courts in Austin, Texas.
19.3. Injunctive Relief. Alpha Anywhere retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm.
19.4. Arbitration. READ THIS SECTION CAREFULLY AS IT REQUIRES THE PARTIES TO ARBITRATE ANY DISPUTES HEREUNDER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ALPHA ANYWHERE. For any dispute with Alpha Anywhere, you agree to first contact us in writing and attempt to resolve the dispute. If the dispute has not been resolved after sixty (60) days, we each agree to resolve any claim, dispute, or controversy, expressly excluding any claims for injunctive or other equitable relief and any claims arising out of or relating to intellectual property rights, including but not limited to claims concerning copyrights, trademarks, trade secrets, or patents, arising out of or in connection with or relating to the Agreement, or the breach or alleged breach thereof, or the other governing contracts in connection with your account(s) (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Austin, Texas, unless you and Alpha Anywhere agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Alpha Anywhere from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
19.5. Class Action Waiver; Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ALPHA ANYWHERE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
20. Additional Terms
20.1. Mobile Applications. Mobile applications may be subject to additional terms presented in the application store, at the time of download or app sign-in on the mobile device, whether accessible in full or by link. Download and/or use of the mobile application constitutes acceptance of any such additional terms.
20.2. Electronic Communications. Alpha Anywhere may offer webmail or internal email system, message boards or other forms of communications through the Services to the Users. You may opt out from receiving emails or other communications by choosing “UNSUBSCRIBE” and by changing the settings at any time.
20.3. Mobile Communications. If you or the User has opted to receive text messages or phone calls from Alpha Anywhere, you agree to receiving the User-related and Services-related information at the mobile number provided to Alpha Anywhere via text messages or SMS, which may be subject to additional applicable data rates and/ or surcharges. You or the User may opt out of receiving messages by replying STOP to any message.
21. Coaching or Tutoring Services
21.1. Use of Coaches and/or Tutors. Alpha Anywhere uses commercially reasonable efforts to carefully craft its assistance, courses and curriculum and to select the coaches and tutors based on their area of expertise and level of experience. Coaches and tutors are hired on an independent and as needed basis and the views, feedback, ideas, or information shared by coaches and tutors are their own responsibility and do not reflect the opinions of Alpha Anywhere in any manner whatsoever. Alpha Anywhere may cancel a course or remove a coach at any time, at its sole discretion. You acknowledge that coaching services are only an aid for motivation and guidance and not a guarantee for any particular result.
22. Rewards
22.1. Incentives. Alpha Anywhere may, from time to time, offer financial or other rewards to students as part of the Services (“Rewards”). The terms, eligibility criteria, and amounts of any Rewards are determined by Alpha Anywhere and are subject to change. Alpha Anywhere may withhold or decline to issue any Reward if AI Moderation or other review indicates that the User has not used the Services in compliance with this Agreement, including but not limited to any violation of academic integrity standards. You (a) shall ensure that no claim is ever brought by User against Alpha Anywhere or any person claiming any right by User to receive any Reward; and (b) are solely responsible for any tax liability that may result from receipt of any Reward and will indemnify and defend Alpha Anywhere against any damages or claims resulting from the foregoing.
23. Miscellaneous
23.1. Entire Agreement. This Agreement, together with any amendments and any additional agreements with Alpha Anywhere relating to the Services, shall constitute the entire agreement between you and Alpha Anywhere and govern your use of the Services, and supersede any prior agreements between you and Alpha Anywhere.
23.2. Modifications. This Agreement may only be superseded by a signed writing executed by an authorized officer of Alpha Anywhere.
23.3. Waiver. The failure by either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any other right or provision.
23.4. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the maximum extent permitted by applicable law, and all other provisions of the Agreement remain in full force and effect.
23.5. Force Majeure. Alpha Anywhere will not be liable to the User for any delay or failure of Alpha Anywhere to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond its reasonable control. Such causes will include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities.
23.6. Survival. Any provision that by its nature is intended to survive the termination of this Agreement will survive termination of this Agreement.
23.7. Notices. Any legal notice required under this Agreement shall be given in writing and will be deemed effective upon delivery to the party to whom addressed. All notices shall be sent to such address as the parties may designate in writing.