Effective Date: July 28, 2026
SPEAKCLUB TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern access to and use of the SpeakClub website, applications, communication tools, Coach-matching services, scheduling tools, payment services, classes, recordings, learning resources, showcases and related services.
SpeakClub is operated by FiverKids LLC, doing business as SpeakClub (“SpeakClub,” “we,” “us” or “our”).
By creating an account, booking a demo, purchasing a plan, accepting a Coach match, enrolling a Student or allowing a Student to participate, you agree to these Terms.
Please read them carefully.
Important summary
SpeakClub operates a platform that helps Families find and engage independent communication Coaches.
Coaches may provide instruction in areas such as:
- Public speaking
- Storytelling
- Presentation skills
- Reading comprehension
- Vocabulary
- Grammar
- Creative and academic writing
- Debate
- Persuasive communication
- Listening and interpersonal communication
Classes are delivered by independent Coaches. Coaches are not employees of SpeakClub. Coaches independently accept or reject proposed Students, schedules and applicable compensation and use their own professional judgment in delivering instruction.
SpeakClub may provide:
- Coach discovery and matching
- Standardized Family package pricing
- Scheduling
- Payment collection and distribution
- Parent-visible Platform Messaging
- Proprietary or optional learning resources
- Progress tools and reports
- Private speaking-practice portfolios
- Showcases and community activities
- Customer support
- Safety reporting
- Administrative assistance
No screening process can guarantee a Coach’s conduct or suitability. Parents remain responsible for supervising their child appropriately and reporting concerns.
Definitions
For these Terms:
- “Family” means the parent, legal guardian or authorized adult who creates an account, enrolls a Student or purchases services.
- “Student” means the child or learner participating in Coaching Services.
- “Coach” means an independent service provider who offers communication, speaking, reading, writing, debate or related educational instruction through SpeakClub.
- “Coaching Services” means lessons, feedback, assignments, practice reviews, workshops, showcases and related instruction delivered by a Coach.
- “Coaching Engagement” means an arrangement accepted by both a Family and a Coach for the Coach to provide Coaching Services.
- “Class” means a scheduled 1:1 lesson, group lesson, demo, workshop, assessment, showcase rehearsal or other educational session.
- “Program” means a subscription, fixed-session package, course, workshop, learning path or other offering purchased or accessed through SpeakClub.
- “Platform” means the SpeakClub website, applications, communication tools and related technology.
- “Platform Services” means matching, scheduling, payment, communication, progress, portfolio, support and administrative services provided by SpeakClub.
- “Platform Messaging” means the parent-visible messaging feature provided or expressly approved by SpeakClub.
- “Student Content” means speeches, audio, video, writing, stories, essays, debate arguments, assignments, messages, uploaded files and other material submitted or created by a Student.
- “Practice Recording” means an audio or video recording submitted for speaking practice, feedback or progress tracking.
- “Class Recording” means an audio, video or screen recording of a live Class.
Eligibility and parental authority
Only an adult who is at least 18 years old may:
- Create a Family account
- Accept these Terms
- Purchase a Program
- Provide payment information
- Give privacy or recording consent
- Enroll a minor
- Authorize participation in a group Class or showcase
- Authorize public use of a child’s image, voice or work
By enrolling a Student, you represent that:
- You are the Student’s parent, legal guardian or an adult legally authorized to arrange the services.
- The information you provide is accurate.
- You have authority to provide required consent for the Student.
- You will supervise the Student as reasonably appropriate.
- You will ensure that the Student follows these Terms.
- You will review applicable third-party requirements before permitting the Student to use an external service.
Students may not independently purchase services, provide payment information, accept these Terms or establish a private relationship with a Coach.
SpeakClub’s role
SpeakClub operates a technology, matching and administrative platform.
SpeakClub may recommend or introduce a Coach based on information including:
- Student age
- Communication experience
- Learning goals
- Areas of difficulty
- Reading or writing level
- Speaking confidence
- Debate or presentation interests
- Schedule
- Language preferences
- Coach experience and availability
A recommendation does not guarantee that a Coach will be suitable for every Student.
SpeakClub does not employ Coaches to provide Coaching Services.
SpeakClub may establish and enforce requirements relating to:
- Child safety
- Privacy
- Professional conduct
- Nondiscrimination
- Platform security
- Payment integrity
- Parent-visible communication
- Lawful and age-appropriate content
Except for those requirements, SpeakClub does not control the Coach’s independent professional judgment or precise manner of instruction.
SpeakClub may make proprietary or optional resources available, including:
- Age-aligned learning paths
- Speech prompts
- Writing prompts
- Reading materials
- Vocabulary exercises
- Debate topics
- Lesson templates
- Rubrics
- Progress-reporting tools
A Coach may use SpeakClub resources, the Coach’s own materials or a combination and remains responsible for adapting instruction to the Student.
Relationship between the Family and Coach
The Coach identified in the booking confirmation is responsible for delivering the Coaching Services.
A Coaching Engagement is formed when:
- The Coach accepts the proposed Student, schedule and applicable compensation; and
- The Family accepts the Coach and completes the required booking or purchase.
SpeakClub facilitates the engagement, establishes standardized Family package pricing, collects payment, distributes compensation accepted by the Coach and provides Platform Services.
The Coach—not SpeakClub—is responsible for:
- Delivering accepted Classes
- Selecting appropriate instructional techniques
- Exercising independent professional judgment
- Providing respectful, patient and age-appropriate instruction
- Protecting Student information
- Complying with applicable law
- Following the SpeakClub Child Safety Code
- Using third-party materials appropriately
- Avoiding academic dishonesty
- Respecting Student boundaries when discussing personal topics
SpeakClub may assist with support, Coach replacement, credits, refunds, complaints and safety concerns. Providing that assistance does not make the Coach an employee or make SpeakClub responsible for every act, statement or instructional decision of the Coach.
Independent Coaches
Coaches available through SpeakClub operate as independent service providers.
Each Coach may:
- Accept or reject a proposed Student
- Accept or reject a proposed schedule
- Set, negotiate or affirmatively accept compensation
- Choose their availability
- Determine how many Students they wish to teach
- Provide services through other businesses or platforms
- Maintain an independent clientele
- Use their own equipment
- Develop or select their own teaching methodology
- Use their own materials or optional SpeakClub resources
- Accept or reject additional Classes
A Coach may reject a proposed engagement without penalty.
Once a Coach accepts a Coaching Engagement, the Coach must meet obligations already accepted, including scheduled Classes and applicable cancellation requirements.
Nothing in these Terms authorizes a Coach to:
- Act on behalf of SpeakClub
- Make commitments binding SpeakClub
- Enter an agreement for SpeakClub
- Represent that the Coach is an employee of SpeakClub
Standardized Family pricing and Coach compensation
SpeakClub may offer Families standardized package pricing regardless of the particular Coach selected.
The amount charged to a Family may account for:
- Compensation payable to the Coach
- Coach matching
- Scheduling
- Payment processing
- Platform technology
- Curriculum and learning resources
- Practice and portfolio tools
- Progress reports
- Customer support
- Promotions
- Refund and chargeback risk
- Showcase administration
- Safety and administrative services
- Other Platform operating costs
Each Coach separately sets, negotiates or affirmatively accepts the compensation applicable to a Coaching Engagement before accepting it.
A Coach may reject:
- Proposed compensation
- A proposed Student
- A proposed schedule
- A proposed Program
- Additional Classes
without losing access to unrelated future opportunities, subject to obligations already accepted.
Coach compensation may differ based on experience, availability, Class length, Program type, location and the compensation terms accepted by the Coach.
SpeakClub may retain the difference between the standardized amount paid by the Family and the compensation accepted by the Coach.
SpeakClub may also subsidize an engagement so that the Coach receives more than the net amount collected from the Family.
Families are not entitled to disclosure of a Coach’s private compensation arrangement unless required by law.
SpeakClub will not reduce compensation already earned by a Coach solely to collect a Platform margin. Adjustments involving cancelled or incomplete Classes, refunds, chargebacks, fraud or similar matters are governed by the separate Coach Agreement.
Coach profiles
Coach profiles may include information supplied by the Coach, such as:
- Professional name
- Country or general location
- Communication or teaching experience
- Education
- Certifications
- Languages
- Subjects taught
- Debate or public-speaking experience
- Availability
- Teaching approach
- Family reviews
SpeakClub may review or verify selected profile information.
Unless expressly stated otherwise, SpeakClub cannot guarantee that every Coach-provided statement is complete, current or error-free.
Families should review the available profile information and decide whether the proposed Coach is appropriate for the Student.
A Family may decline a proposed Coach before purchasing ongoing Classes.
Coach screening and background checks
Before allowing a Coach to accept Coaching Engagements, SpeakClub requires identity information, interviews the Coach, reviews relevant experience information and conducts background screening based on records reasonably available and legally permitted in the applicable jurisdiction.
Many Coaches may reside outside the United States, including in India.
The availability, completeness and reliability of criminal, identity, education and public records varies significantly by country and jurisdiction. Records may be:
- Incomplete
- Delayed
- Unavailable
- Limited to a particular region
- Not directly comparable to United States background checks
No interview, reference check, identity review or background-screening process can:
- Identify every relevant fact
- Guarantee every credential
- Predict future behavior
- Guarantee that a Coach will always act appropriately
- Eliminate all risk
A statement that a Coach has been “screened,” “verified” or “background checked” means only that the stated process was completed using information reasonably available at the time. It is not a certification that the Coach presents no risk.
SpeakClub may repeat screening, request updated information, limit matches or suspend a Coach where reasonably appropriate.
Platform Messaging and prohibition on direct contact
All communications concerning a Platform-introduced Coaching Engagement must occur through Platform Messaging or another parent-visible communication channel expressly approved by SpeakClub.
This includes communication concerning:
- Scheduling
- Rescheduling
- Lesson content
- Speaking prompts
- Writing assignments
- Reading materials
- Student progress
- Feedback
- Technical issues
- Payments
- Cancellations
Families and Students may not contact or attempt to contact a Coach through the Coach’s:
- Personal email address
- Personal telephone number
- Text messages
- Telegram
- Signal
- Social-media account
- Gaming account
- Personal video-conferencing account
- Other private or off-Platform channel
Families and Students may not request a Coach’s personal contact information.
Coaches are contractually required not to:
- Provide personal email or telephone information to a Family or Student
- Contact a Family or Student through personal email or telephone
- Text or privately message a Student
- Connect with a Student through social media
- Move a Platform-introduced engagement off the Platform
- Request direct or off-Platform payment
- Ask a Student to keep communications secret from a parent
Automated Platform notifications may be delivered to the Family’s email address or telephone number. Those notifications do not authorize direct communication with the Coach.
Replies must be submitted through Platform Messaging unless SpeakClub expressly directs otherwise.
Platform Messaging is parent-managed. A Student may participate in appropriate lesson-related communication only where the communication remains visible and accessible to the parent or guardian.
SpeakClub may access, preserve and review Platform messages for:
- Customer support
- Child safety
- Quality review
- Fraud prevention
- Dispute resolution
- Enforcement of these Terms
- Legal compliance
This restriction applies to Families introduced to the Coach through SpeakClub. It does not prohibit a Coach from serving unrelated clients independently.
No off-Platform payments or circumvention
Payments for Platform-introduced Coaching Engagements must be made through SpeakClub.
A Family may not:
- Pay the Coach directly
- Ask the Coach to accept direct payment
- Arrange private replacement Classes
- Move an existing Coaching Engagement outside SpeakClub
- Use Coach information obtained through SpeakClub to avoid Platform charges
A Coach may not request or accept direct payment from a Family or Student introduced through SpeakClub.
This rule supports:
- Payment security
- Accurate Class records
- Child-safety monitoring
- Parent-visible communication
- Refund administration
- Dispute resolution
Child Safety Code
Coaches must treat Students patiently, respectfully and professionally.
Coaches may:
- Correct mistakes
- Provide constructive feedback
- Ask a Student to repeat or revise work
- Set reasonable learning expectations
- Encourage participation and practice
- Explain why a speech, answer or argument can be improved
- Provide firm but respectful guidance
Coaches may not:
- Yell at, scream at or aggressively scold a Student
- Threaten, intimidate or frighten a Student
- Insult, ridicule, mock, humiliate or shame a Student
- Use degrading, abusive, discriminatory or demeaning language
- Punish a Student
- Force a distressed Student to continue speaking
- Make sexual, romantic, violent or age-inappropriate comments
- Display inappropriate content
- Ask a Student to keep communications or conduct secret
- Request unnecessary personal information
- Request personal photographs
- Request a Student’s personal telephone number or email
- Contact a Student privately
- Arrange an in-person meeting
- Ask the Student to move to another communication service
- Request direct payment
- Retaliate against a Student or Family for reporting a concern
- Record or screenshot a Student without authorization
A difference in teaching style or firm but respectful feedback does not necessarily violate this section. Aggressive, humiliating, threatening or abusive conduct does.
SpeakClub may suspend or remove a Coach for conduct creating a reasonable safety, privacy or trust concern even if that conduct does not result in criminal charges.
Sensitive topics and personal disclosures
Speaking, writing and debate exercises may involve opinions, experiences or personal stories.
Coaches must not pressure a Student to disclose sensitive information, including:
- Abuse or trauma
- Medical or mental-health information
- Sexual information
- Family conflict
- Immigration status
- Family finances
- Religious identity
- Political affiliation
- Precise location
- Other private family matters
A Student may decline a prompt or request an alternative topic.
Age-appropriate discussion of current events, culture, ethics, politics or religion may occur for educational purposes. Students must not be required to adopt or defend a particular belief as their own.
Views expressed by Students or Coaches during an educational exercise do not necessarily represent the views of SpeakClub.
If a Student voluntarily discloses information suggesting abuse, self-harm, immediate danger or another serious safety concern, the Coach or SpeakClub may report the information to the parent, emergency services, law enforcement or child-protection authorities where appropriate or legally required.
Parent supervision
Online Coaching Services are not:
- Childcare
- Babysitting
- Custodial supervision
- Emergency monitoring
- Therapy
- Medical care
- Speech-language pathology
- Special-education services
For Students under seven, a parent or responsible adult must:
- Be present at the beginning of every Class
- Remain in the same room or within direct hearing distance
- Be available to assist immediately
For Students ages seven through twelve, a parent or responsible adult must:
- Be present at the beginning of the first Class with a new Coach
- Remain at the same location during the Class
- Be reasonably available
- Periodically monitor the Class when appropriate
Families are responsible for providing:
- A safe physical environment
- A suitable computer or device
- A stable internet connection
- Appropriate video and audio access
- Required reading or writing materials
- Necessary parental controls
- A reasonably quiet learning environment
Families should instruct Students not to disclose unnecessary personal information.
Instructional scope
Coaching Services may include:
- Public-speaking foundations
- Voice projection
- Pacing and vocal variety
- Presentation structure
- Eye contact and nonverbal communication
- Storytelling
- Vocabulary
- Grammar
- Reading comprehension
- Creative writing
- Academic writing
- Persuasive writing
- Debate
- Critical thinking
- Listening and response skills
A Program description is an expected learning outline, not a guarantee that every Student will complete every topic or achieve every listed outcome within a particular period.
The Coach may adapt pacing, prompts, materials and exercises according to the Student’s age, experience, engagement and learning needs.
SpeakClub is not speech therapy or clinical care
SpeakClub and its Coaches provide educational communication instruction.
Unless expressly stated otherwise, Coaches are not acting as:
- Licensed speech-language pathologists
- Psychologists
- Therapists
- Medical professionals
- Special-education evaluators
- Reading-disability specialists
SpeakClub does not diagnose or treat:
- Speech or language disorders
- Stuttering
- Dyslexia
- Developmental conditions
- Anxiety disorders
- Hearing conditions
- Learning disabilities
- Medical conditions
A Family concerned about a possible clinical, developmental or learning condition should consult an appropriately licensed professional.
Coaches may adapt ordinary educational exercises but cannot guarantee that every accommodation or specialized intervention can be provided.
Pronunciation, accent and language expectations
Coaches may provide general feedback concerning:
- Clarity
- Articulation
- Vocabulary
- Grammar
- Pace
- Volume
- Audience comprehension
SpeakClub does not guarantee:
- Elimination of an accent
- Adoption of a particular national accent
- Native-speaker pronunciation
- A particular standardized-language score
- Fluency within a specific period
A Coach must not mock or demean a Student’s accent, dialect, language background or manner of speaking.
Reading and writing instruction
Reading and writing activities are educational support and enrichment.
SpeakClub does not guarantee:
- Advancement to a particular reading level
- Improvement in school grades
- Completion of a specific number of books
- Mastery of every grammar standard
- Publication of a Student’s work
- A particular test result
Parents should provide relevant school information where they want instruction to support current coursework.
SpeakClub does not replace specialized reading intervention where a child may have dyslexia or another reading disability.
Academic integrity and responsible assistance
Coaches may help Students:
- Understand concepts
- Develop ideas
- Organize a speech
- Revise writing
- Practice delivery
- Identify errors
- Review completed work
- Prepare for permitted presentations or competitions
SpeakClub does not authorize academic dishonesty.
Students and Coaches may not use SpeakClub to:
- Complete prohibited graded work for the Student
- Write an entire school submission that the Student presents as their own
- Provide answers during an active examination
- Plagiarize another person’s work
- Obtain unauthorized competition material
- Violate school or competition rules
- Misrepresent the Student’s authorship
Families are responsible for understanding applicable school and competition policies.
One-to-one and group Classes
SpeakClub may offer:
- 1:1 Classes
- Small-group Classes
- Workshops
- Debate sessions
- Showcases
- Practice events
- Demo Classes
In a group Class:
- Other participants may see the Student’s display name, image, voice or work.
- Students must treat other participants respectfully.
- Students may not privately contact another child using information learned in Class.
- Students may not record, screenshot or publish another participant.
- A Coach may mute or remove a disruptive participant.
- A missed group Class may not be individually repeated.
Material differences between 1:1 and group offerings will be disclosed before enrollment.
Participation and normal speaking discomfort
Public speaking practice may involve:
- Speaking on camera
- Receiving feedback
- Repeating a presentation
- Participating in role-play
- Expressing an opinion
- Responding without preparation
- Presenting to a small group
Some nervousness or discomfort can be a normal part of speaking practice.
Coaches must use age-appropriate encouragement and may not humiliate or force a visibly distressed Student to continue.
A Student may request a break, decline a prompt or ask to participate in a less intensive way.
Free demo Classes
A free demo helps the Family, Student and Coach determine whether the match and Program may be suitable.
A free demo:
- Does not guarantee ongoing Coach availability
- Does not reserve a schedule until confirmed
- May be shorter than a paid Class
- May focus on assessment or demonstration
- May be limited to one session per Student or household
- May be modified or discontinued
SpeakClub may refuse repeated, fraudulent or abusive demo requests.
Class recordings
SpeakClub may offer Class recordings for progress review, parent visibility, safety, quality review or dispute resolution.
SpeakClub will not record a Class unless:
- Recording has been disclosed;
- Required parental and participant consent has been obtained; and
- The recording is permitted under applicable law.
The notice will describe:
- What will be recorded
- The purpose
- Who may access the recording
- The expected retention period
- Whether recording is optional or integral to the Program
Where recording is optional, declining recording will not affect access to unrelated services.
Where a specific Program requires recording as an integral feature, that requirement will be disclosed before enrollment. SpeakClub may offer a non-recorded alternative where reasonably available but does not guarantee that every Program can be delivered without recording.
Families, Students and Coaches may not independently record, screenshot, livestream, publish or distribute a Class without all required authorization.
Practice Recordings and private portfolios
A Program may invite or require a Student to submit Practice Recordings for feedback and progress tracking.
Before collecting a Practice Recording from a Student under 13, SpeakClub will provide required notice and obtain verifiable parental consent.
Practice Recordings may be accessible to:
- The Family
- The assigned Coach
- Authorized SpeakClub personnel
- Service providers supporting the portfolio
Practice Recordings are private unless the Family separately agrees to publication.
SpeakClub will not use a Student’s Practice Recording for advertising, social media, a public website or a public showcase without separate optional media consent.
A parent may request deletion of a Practice Recording, subject to legitimate safety, dispute or legal retention requirements.
Showcases
SpeakClub may offer private or public showcases.
Participation is optional unless otherwise disclosed before enrollment.
For a private showcase:
- Other participating Students and their parents may see or hear the Student.
- The Family must not record or publish another child without permission.
- Participant access may be limited to invited Families.
For a public showcase, livestream, social-media post or promotional video:
SpeakClub will obtain separate, optional parental media consent before publicly using a minor’s identifiable image, voice, name or work.
Consent to public use is not a condition of receiving ordinary Coaching Services.
Student Content and ownership
As between the Family and SpeakClub, the Student retains ownership of the Student’s original speeches, stories, essays, arguments and creative work, subject to:
- Coach-owned materials
- SpeakClub-owned materials
- Third-party rights
- Applicable school rules
- Material created jointly with others
The Family grants SpeakClub and the assigned Coach a limited, nonexclusive right to host, process, display, transmit and review Student Content as reasonably necessary to:
- Deliver Coaching Services
- Provide feedback
- Track progress
- Maintain a private portfolio
- Support the account
- Investigate concerns
- Operate the Platform
SpeakClub does not obtain ownership of a Student’s original work merely because it was created during a Class.
Public use requires separate permission as described in these Terms.
SpeakClub and Coach materials
The SpeakClub name, Platform, software, designs and SpeakClub-created curriculum belong to SpeakClub or its licensors.
Coach-created materials belong to the Coach or applicable rights holder unless otherwise agreed.
Families receive a limited, personal, noncommercial and nontransferable right to use authorized materials for the Student’s education.
Families and Students may not:
- Resell materials
- Publicly distribute paid curriculum
- Copy substantial Program content
- Record and resell Classes
- Remove ownership notices
- Use materials to operate a competing service
- Publish copyrighted reading material without authorization
Scheduling
Coach availability is determined by the Coach.
A requested schedule is not confirmed until:
- The Coach accepts it; and
- The Class appears as confirmed through SpeakClub.
Families are responsible for reviewing:
- Date
- Local time
- Time zone
- Class duration
- Technology requirements
Schedules may be changed by mutual agreement through Platform Messaging.
SpeakClub does not guarantee that a particular Coach or time will remain available indefinitely.
Monthly plans
A monthly plan renews each billing period until cancelled.
Before purchase, SpeakClub will disclose:
- The recurring amount
- Billing frequency
- Included Classes
- Class duration
- Applicable rollover rules
- Cancellation instructions
The exact number of included Classes per billing cycle is the number stated during checkout and in the purchase confirmation.
Language such as “one Class per week” does not override a clearly stated monthly Class limit.
Unless checkout expressly says otherwise:
- Unused monthly Classes do not roll over indefinitely.
- Make-up Classes remain subject to the cancellation policy and Coach availability.
- Cancellation stops future renewal but does not automatically refund the current billing period.
Fixed-session and long-term packages
SpeakClub may sell a fixed-session package, including a package containing a stated total number of Classes.
Before purchase, checkout will clearly disclose:
- Total package price
- Number of included Classes
- Class duration
- Payment schedule
- Whether payments are installments
- Any expiration period
- Whether the package is a fixed commitment
- Cancellation and refund terms
When checkout displays both a total package price and a monthly installment amount, the monthly amount is an installment toward the total package price—not necessarily a cancel-anytime monthly subscription.
Unless checkout expressly says otherwise, purchasing a fixed-session package means the Family commits to the disclosed total package price.
Cancelling future scheduling does not automatically eliminate unpaid installments on an accepted fixed-price commitment, except where:
- Applicable law requires cancellation;
- SpeakClub cannot provide the purchased services;
- A stated refund right applies; or
- SpeakClub agrees otherwise in writing.
No fixed-session package will expire unless the expiration period is clearly disclosed before purchase.
Family cancellations and missed Classes
Unless a different policy is clearly disclosed before purchase:
- A 1:1 Class may be rescheduled with at least 24 hours’ notice.
- A Class cancelled with less than 24 hours’ notice may be counted as used.
- A missed Class may be counted as used.
- Late arrival does not ordinarily extend the Class.
- Make-up Classes remain subject to Coach availability.
- Available make-up credits must ordinarily be used within 90 days.
Group Classes, workshops and showcases may have different cancellation rules because reserved capacity cannot always be reassigned.
A cancellation or rescheduling request must be submitted through SpeakClub.
A direct message sent to a Coach outside the Platform is not valid notice.
Coach cancellations
If a Coach cancels or fails to attend a confirmed Class, SpeakClub will ordinarily provide one of the following:
- A make-up Class
- A Class credit
- A replacement Coach
- A refund for the affected Class
SpeakClub may select the appropriate remedy based on the circumstances.
Repeated Coach cancellations may result in suspension or removal.
Refund policy and first-Class fit
Unless a different refund policy is clearly disclosed before purchase:
- A full refund may be requested within 48 hours after an initial purchase if no paid Class has been completed.
- Completed Classes are generally nonrefundable.
- Missed or late-cancelled Classes are generally nonrefundable.
- Coach-cancelled Classes will be rescheduled, credited or refunded.
- Cancelling a monthly subscription stops future renewal but does not automatically refund the current billing period.
- Fixed-session packages are governed by the terms displayed before purchase.
- Third-party or event fees may be nonrefundable where clearly disclosed.
If the first paid 1:1 Class with a new Coach is not a good fit, the Family should notify SpeakClub within 24 hours after that Class.
SpeakClub may provide:
- A replacement Coach
- A replacement Class
- A credit
- A refund for the affected Class
Safety concerns may be reported at any time and are not subject to a 24-hour reporting deadline.
Nothing in this section limits a non-waivable consumer right.
Recurring subscriptions and automatic renewal
Some SpeakClub Programs renew automatically.
Before purchase, checkout will clearly disclose:
- That the Program continues until cancelled
- The recurring amount
- Billing frequency
- Included Classes or services
- Renewal period
- Any minimum commitment
- Cancellation policy
- How to cancel
By affirmatively selecting the applicable consent control and completing purchase, the Family authorizes recurring charges.
SpeakClub will provide a confirmation capable of being retained that includes the renewal terms and cancellation instructions.
A Family may cancel recurring billing online through the account or another clearly provided online cancellation method.
Cancellation:
- May be requested at any time
- Prevents future renewal charges
- Usually takes effect at the end of the current paid billing period
- Does not ordinarily refund Classes already completed
- Does not require contacting the Coach
The Family must cancel before the next renewal charge to avoid that charge.
SpeakClub will provide renewal, trial-expiration, fee-change and other notices where required by applicable law.
SpeakClub will retain evidence of recurring-billing consent for the legally required period.
Price changes
SpeakClub may change Family package prices prospectively.
A price change will not retroactively alter an amount already charged.
For an existing recurring Program, SpeakClub will provide advance notice of a material price change and explain how to cancel.
A Coach’s compensation may change independently without changing the standardized Family package price.
Payment authorization
The Family authorizes SpeakClub and its payment providers to charge the selected payment method for:
- Initial purchases
- Recurring renewals
- Package installments
- Additional Classes
- Workshops or add-ons affirmatively purchased
- Applicable taxes
SpeakClub may collect the portion associated with Coaching Services as the Coach’s limited payment-collection agent.
Payment to SpeakClub for an amount payable to the Coach satisfies the Family’s corresponding payment obligation for that amount.
The Family is responsible for:
- Accurate payment information
- Keeping payment information current
- Bank fees
- Currency-conversion charges
- Applicable taxes
- Other charges expressly authorized by the Family
Chargebacks and billing disputes
The Family should contact SpeakClub before initiating a payment dispute so SpeakClub has a reasonable opportunity to investigate.
Nothing in these Terms prevents a Family from exercising a lawful cardholder or consumer right.
SpeakClub may suspend services while a chargeback or billing dispute is pending.
Fraudulent or abusive chargebacks may result in account termination.
Coach replacement
A Family may request a different Coach when:
- The Coach is not a good fit
- Scheduling changes
- The Coach becomes unavailable
- A legitimate quality concern arises
- A safety concern arises
- The Student’s learning needs materially change
SpeakClub will make reasonable efforts to identify another Coach but does not guarantee:
- Immediate replacement
- The same schedule
- The same teaching style
- The same experience level
- Availability in a particular time zone
A replacement Coach must separately accept the Coaching Engagement.
No guaranteed outcomes
Progress depends on factors including:
- Attendance
- Practice
- Student engagement
- Prior experience
- Age and development
- Family support
- Coach–Student fit
- Time devoted to learning
Neither SpeakClub nor a Coach guarantees:
- Elimination of stage fright
- A particular confidence level
- A particular school grade
- A particular reading level
- Completion of a stated number of books
- Completion of a particular writing portfolio
- Debate or competition success
- Selection for a speech, assembly or leadership role
- A particular vocabulary size
- A specific learning speed
- Any other particular result
Marketing descriptions of potential benefits are general educational descriptions and not guarantees concerning an individual Student.
Family and Student conduct
Families and Students must not:
- Harass, threaten or abuse a Coach
- Use discriminatory or offensive language
- Record a Coach without permission
- Share Coach materials without authorization
- Provide false information
- Bypass Platform payment
- Share account credentials
- Disrupt Classes
- Publish a Coach’s private information
- Make knowingly false safety reports
- Plagiarize another person’s work
- Record or publish another child without permission
A Coach may end a Class where a Family or Student engages in unsafe, abusive or seriously disruptive conduct.
Reviews and feedback
Families may submit honest reviews and feedback.
Reviews must reflect genuine experience and may not contain:
- Knowingly false factual statements
- Threats
- Harassment
- Discriminatory language
- Personal contact information
- Unnecessary identifying information about a child
- Confidential Platform information
SpeakClub may remove reviews that violate these standards but will not prohibit honest criticism.
SpeakClub may use de-identified feedback to improve matching and Platform Services.
A Student’s identifiable testimonial, image, voice or work will not be used in public advertising without appropriate permission.
Third-party services
The Platform may use third-party services for:
- Video conferencing
- Scheduling
- Payments
- Cloud storage
- Messaging
- Learning tools
- Audio or video portfolios
- Analytics
- Customer support
Use of a third-party service may also be governed by that provider’s terms and privacy policy.
SpeakClub is not responsible for an outage, policy change or service failure wholly outside its reasonable control.
Parents remain responsible for supervising a Student’s use of third-party accounts.
Privacy
Use of personal information is governed by the SpeakClub Privacy and Children’s Privacy Policy.
By enrolling a Student, the Family acknowledges that limited Student information may be shared with a proposed or assigned Coach, who may be located in India or another country, as reasonably necessary to evaluate and deliver Coaching Services.
Account suspension and termination
SpeakClub may suspend or terminate an account when reasonably necessary to:
- Protect a child
- Investigate misconduct
- Prevent fraud
- Address payment failure
- Enforce these Terms
- Protect Platform security
- Comply with law
- Prevent circumvention
- Stop harassment or academic dishonesty
Where reasonably possible, SpeakClub will provide notice.
Immediate suspension may occur without advance notice for safety, fraud or security concerns.
Termination does not eliminate payment obligations already incurred.
Coach suspension and removal
SpeakClub may restrict or remove a Coach based on:
- A safety concern
- Repeated Family complaints
- Abusive or unprofessional conduct
- Private contact with a Student
- Direct-payment requests
- False profile information
- Screening concerns
- Privacy violations
- Unauthorized recordings
- Repeated cancellations
- Breach of the Coach Agreement
- Legal or regulatory concerns
Removal does not necessarily mean SpeakClub has concluded that a criminal or legal violation occurred.
Platform availability
SpeakClub does not guarantee uninterrupted availability.
The Platform may become unavailable because of:
- Maintenance
- Internet failures
- Security events
- Third-party outages
- Software errors
- Natural disasters
- Government action
- Events outside reasonable control
SpeakClub may modify or discontinue a feature.
Where a paid core service is materially unavailable, SpeakClub may provide an appropriate credit or refund.
Disclaimer of warranties
To the fullest extent permitted by law, Platform Services are provided “as is” and “as available.”
SpeakClub does not warrant that:
- Every Coach will suit every Student
- Screening will identify every relevant fact
- A Coach will never violate the Child Safety Code
- A particular Coach will remain available
- Every progress report will be error-free
- Platform tools will operate on every device
- Coaching will produce a particular outcome
- The Platform will be uninterrupted
These disclaimers do not exclude warranties or rights that cannot legally be excluded.
Responsibility for Coach conduct
The Coach is responsible for the Coach’s own:
- Coaching Services
- Statements
- Professional judgment
- Teaching conduct
- Legal compliance
- Violations of the Child Safety Code
To the fullest extent permitted by law, SpeakClub is not responsible for harm arising solely from a Coach’s independent delivery of Coaching Services.
This does not exclude responsibility for SpeakClub’s own conduct, including responsibility that cannot legally be waived.
Nothing in these Terms releases SpeakClub from liability for its own fraud, willful misconduct, material misrepresentation, violation of law or other non-waivable responsibility.
Limitation of liability
To the fullest extent permitted by law, SpeakClub will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including:
- Loss of data
- Loss of opportunity
- Loss of anticipated educational benefit
- Emotional disappointment
- Business interruption
To the fullest extent permitted by law, SpeakClub’s aggregate liability arising from Platform Services will not exceed the greater of:
- The amount paid by the Family to SpeakClub during the 12 months preceding the event giving rise to the claim; or
- US $500.
This limitation does not apply to liability that cannot legally be limited, including liability arising from:
- Fraud
- Willful misconduct
- A violation of law where limitation is prohibited
- Gross negligence where limitation is prohibited
- Another non-waivable obligation
Some jurisdictions do not permit particular limitations. In those jurisdictions, the limitations apply only to the maximum extent permitted.
Family indemnification
The Family agrees to defend and indemnify SpeakClub against third-party claims arising from:
- The Family’s material breach of these Terms
- Unlawful use of the Platform
- Unauthorized recording or publication
- Student Content submitted without required rights
- Circumvention of Platform payment
- Infringement of another person’s rights
- An unauthorized participant permitted by the Family
- Knowing use of SpeakClub for academic dishonesty
This provision does not require the Family to indemnify SpeakClub for SpeakClub’s own negligence, willful misconduct or violation of law.
Disputes involving a Coach
A dispute concerning a Coach’s independent delivery of Coaching Services is primarily between the Family and Coach.
The Family should nevertheless report the dispute to SpeakClub so SpeakClub can consider:
- Support
- Coach replacement
- Credits
- Refunds
- Coach suspension
- Safety measures
SpeakClub’s assistance does not constitute acceptance of liability for the Coach’s conduct.
Informal dispute resolution
Before filing a legal claim against SpeakClub, the Family agrees to send written notice describing:
- The Family’s name and account email
- The nature of the dispute
- Relevant dates
- The requested resolution
Send the notice to:
FiverKids LLC d/b/a SpeakClub 32400 Seaside Drive Union City, CAEmail: contact@Fiverkids.com
The parties will have 30 days to attempt informal resolution.
This requirement does not prevent urgent relief concerning child safety, security or an expiring legal deadline.
Individual arbitration
Except for excluded claims, unresolved disputes between the Family and SpeakClub will be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.
Arbitration will ordinarily occur remotely in English unless the parties agree otherwise.
The legal seat of arbitration will be Alameda County, California.
The arbitrator will be selected under the applicable arbitration rules and will not be unilaterally appointed by SpeakClub.
SpeakClub will pay arbitration fees where required by applicable rules or law.
Either party may bring an eligible individual claim in small-claims court.
The following claims are not required to be arbitrated:
- Claims alleging child abuse
- Claims involving sexual assault or sexual harassment where law permits the claimant to choose court
- Requests for emergency child-safety or security relief
- Claims that applicable law prohibits from being arbitrated
- Intellectual-property ownership or misuse claims
- Eligible small-claims matters
Class-action waiver
To the extent permitted by law, disputes must be brought individually and not as part of a class, collective, consolidated or representative action.
If this waiver is unenforceable for a particular claim, that claim will proceed in court rather than arbitration unless the parties agree otherwise.
Arbitration opt-out
A Family may opt out of arbitration by sending written notice within 30 days after first accepting these Terms.
The notice must include:
- The Family’s full name
- Account email
- A clear statement that the Family opts out of arbitration
Send the notice to: contact@Fiverkids.com. Use the subject line: ARBITRATION OPT-OUT.
Opting out does not affect the remaining Terms.
Governing law and courts
These Terms are governed by California law, without regard to conflict-of-law principles, except where mandatory consumer law in the Family’s jurisdiction applies.
For disputes not subject to arbitration, the parties consent to the state and federal courts located in Alameda County, California, unless applicable law requires another venue.
International Families
SpeakClub may serve Families outside the United States.
Mandatory consumer rights in a Family’s country or region continue to apply where they cannot lawfully be waived.
Nothing in these Terms is intended to remove a consumer right that applicable law requires SpeakClub to provide.
SMS and mobile messaging
Where a Family separately opts in, SpeakClub may send SMS or similar messages concerning:
- Demo scheduling
- Class reminders
- Account notices
- Payment notices
- Platform-message alerts
- Customer support
- Promotions
Message frequency varies, and message and data rates may apply.
Consent to receive marketing messages is not a condition of purchase.
Reply STOP to stop applicable messages and HELP for assistance.
Stopping marketing messages does not prevent legally permitted transaction, safety or account communications through another channel.
Changes to these Terms
SpeakClub may update these Terms to reflect changes in:
- Platform Services
- Safety practices
- Technology
- Pricing
- Law
- Business operations
SpeakClub will provide reasonable notice of material changes where required.
Changes will not retroactively alter rights concerning a dispute that arose before the change took effect.
Continued use after the effective date constitutes acceptance where permitted by law.
Electronic communications
The Family consents to receiving electronically:
- Purchase confirmations
- Scheduling notices
- Platform-message notifications
- Safety communications
- Renewal notices
- Policy updates
- Account notices
Marketing communications are subject to applicable consent and opt-out requirements.
Other FiverKids services
FiverKids LLC may operate other educational brands, including MyChessCoach, MyCodeCamp and MathPros.
Purchasing or using SpeakClub does not automatically enroll a Family or Student in another FiverKids service.
Shared systems, personnel or service providers may be used for:
- Account administration
- Payment processing
- Customer support
- Security
- Fraud prevention
- Legal compliance
Use of personal information is governed by the applicable Privacy Policy.
Assignment
The Family may not transfer an account or rights under these Terms without permission.
SpeakClub may assign these Terms as part of a merger, financing, restructuring, asset sale or transfer of the business, subject to applicable law.
Severability
If a provision is unenforceable, it will be modified only to the minimum extent necessary.
The remaining provisions will continue in effect.
No waiver
Failure to enforce a provision does not waive the right to enforce it later.
Entire agreement
These Terms, the SpeakClub Privacy and Children’s Privacy Policy, checkout disclosures and policies expressly incorporated into them form the agreement between the Family and SpeakClub concerning Platform Services.
Contact information
FiverKids LLC d/b/a SpeakClub 32400 Seaside Drive Union City, CAGeneral support: contact@Fiverkids.com
Safety concerns: contact@Fiverkids.com
Privacy requests: contact@Fiverkids.com
Legal notices: contact@Fiverkids.com