Terms & Conditions
The agreement between your family and 98thPercentile. We've kept it readable. Use the contents on the left to jump to any section.
01Short version – Important terms
We are a subscription service that auto renews, and you are consenting to auto charge your credit card when you enroll. You can always cancel the Renewal(auto-charge) from the self-service Zoho billing portal. If we cancel a class, we will give a billing credit via moving the end date of subscription. If a student misses a class or goes on vacation, we do not give any credit. However, class videos are made available for every class for offline viewing . Time to time we offer some discount coupons. These coupons only work during new enrollments. By enrolling, you consent to the use of your child’s images, videos, and class projects for marketing purposes, including on our website and social media platforms. See full terms for details. The short version does not replace the full terms and conditions. It is only listed for quicker reference.
02Acceptance of Terms & Conditions
The access and usage of the 98thPercentile website (hereafter called “company”, “website”, “98thPercentile”, “we”, or “us”) are governed by the following terms and conditions. The company holds all the right to amend these terms and conditions from time to time, and your continued usage of the website post revisions shall indicate your acceptance.
03Description of Service Provided
98thPercentile provides multiple services to users for enrichment in academics like – Math, English, Coding, Public Speaking, and Math Kangaroo Preparation for grades K to 12. Any additions to services, content, and features shall be subject to these terms and conditions unless stated otherwise.
04Eligibility & parental consent
The Services are intended for children and are purchased and managed by a parent or legal guardian at least 18 years old. By enrolling a student, you confirm you are that parent or guardian and consent to your child's participation and to our collection of the limited information needed to deliver the Services. For children under 13, we obtain verifiable parental consent as required by COPPA.
05Technology/Software Access
Access to third-party software and services is provided during your active subscription. We reserve the right to revoke access with reasonable notice. Users are encouraged to back up their data, as content may be deleted upon termination of access.
06Member Account Security and Conduct
An account with a password would be designated to you after the completion of registration and the payment process. You hold the sole responsibility of any activity that occurs under your account credentials. The company should be immediately notified should you observe any breach of security. We do not hold any responsibility for the damage which occurred due to your inability to keep your account secure. You accept to use the website, technology, software in accordance with all the applicable local laws as well as intellectual property laws, especially when you are given access to 3rd party educational platforms. You agree to be held liable for any content that you post on the website or share through email. We, under any circumstances, would not accept responsibility for the quality and accuracy of such content, and should not be held liable for any loss incurred because of the same. You accept that access to the Office suite of products or any third-party products can be removed at any time with or without notice and the content will be deleted/lost.
07Free trials & assessments
We may offer a free trial class or placement assessment at no charge and with no obligation to enroll. We may limit eligibility (for example, one trial per student) and may change or withdraw promotional offers at any time.
08Payment and Cancellation Terms
You agree that 98thPercentile has the authority to charge you after the completion of your ‘free trial’ period. The company has the right to charge you from time to time according to your membership plan and payment terms. This is a subscription-based service, and you will be paying ahead of time in the increments of 12 weeks or 24 weeks as you choose from our enrollment page. You will get a self-service portal from Zoho subscriptions where you can see your subscription details and invoices for the charges. Should you decide to leave our program, all you need to do is cancel the subscription from the self-service portal. We take customer satisfaction very seriously. We are always available at info@98thpercentile.com or billing@98thpercentile.com if you have any questions/concerns.
09Refund Policy
We want your child to have the best experience with us! If you are a new customer, you may cancel your subscription within the first 3 weeks and receive a full refund—no questions asked (though your feedback is highly appreciated). After this 3-week period, no refunds will be issued.
- This policy applies only to new subscriptions.
- Renewals are non-refundable and must be canceled prior to the renewal date to avoid charges.
- To request a refund, please send an email to refunds@98thpercentile.com.
- Refunds will be processed within 3 business days, and it may take up to 10 business days for the transaction to reflect on your account.
- This refund policy applies only to standard new subscriptions. Promotional offers and multiple program sign-ups may have different terms and may not be eligible for refunds. Please refer to the Promotional Offers Policy for details.
PLEASE NOTE : Discounts are provided for commitment to a full program duration. If a refund is issued, the prorated amount will be based on the original full price, not the discounted rate.
10Class Cancellations by Us
If we cancel a class, we will provide a billing credit by extending your subscription end date. (This does not apply to English Practice classes, which are value-added sessions.
11Missed Classes by Student
If a student misses a class or goes on vacation, we do not provide credits. However, class recordings are available for offline viewing. Optionally, parents can pause classes if the student is going on vacation for more than 2 weeks. Classes can resume once the student returns, but the same teacher or class time cannot be guaranteed.
12Placement & Curriculum
To ensure optimal learning, students may be placed in classes where some lessons have already been completed, based on placement and benchmark scores. Teachers ensure every student meets benchmark goals before promotion.
13Practice Requirement
Daily subject practice for at least 15 minutes is essential for grade acceleration. Our grade acceleration promise is highly dependent on student daily practice.
14Grade-acceleration outcomes & conditions
Statements such as "a grade ahead in about seven months" (Math and ELA) and multi-year coding outcomes describe typical results for engaged students; they are not guarantees. These outcomes are conditional on the student:
- attending and actively participating in scheduled live classes;
- completing assigned homework regularly;
- practicing on the NATE platform at least 15 minutes per day; and
- following the recommended curriculum sequence.
Progress is measured by placement tests and monthly benchmarks. In the standard case, a student advances to the next grade level after reaching the 90% mastery benchmark, and this is the scenario we describe on our website. In practice, this benchmark works as a guideline for advancement rather than a fixed or automatic rule, and advancement decisions are made by 98thPercentile in its reasonable educational judgment, taking into account the student's overall progress, class participation, assessment history, and readiness.
Because children learn at different paces, the exact score and timing for advancement can vary from student to student. In individual cases, and at our discretion, a student may be advanced before reaching 90%, for example where a parent or guardian requests or consents to advancement and we consider it appropriate for that student; likewise, a student who has not yet shown sufficient mastery may be kept at the current level until ready. The 90% benchmark describes the standard path to advancement, not a promise that advancement will, or will not, occur at any particular score. We also recommend at least 15 minutes of daily practice on the NATE platform, as consistent practice meaningfully affects whether a student reaches this benchmark.
Coding and Public Speaking are organized into modules rather than governed by the 90% mastery benchmark described above. A student's progression from one module to the next is not conditional on completing a capstone project. The capstone is a culminating project that helps a student apply and showcase what they have learned, and it is not a gate that holds a student back from moving to the next module.
Individual results vary. Any specific written guarantee (for example, a grade-acceleration guarantee) applies only if, and strictly on the terms, offered to you in a separate written document.
Students scoring below 80% on the Final Benchmark will ordinarily not be promoted to the next grade level and will continue at their current level until sufficient mastery is demonstrated.
15Scholarship Students
For students enrolled via scholarships, 98thPercentile reserves the right to cancel the scholarship if the student is absent for 4 consecutive classes without prior notice.
16Media & Class Recording Consent
By enrolling, you consent to the use of your child’s images, videos, projects, or documents for marketing purposes, including but not limited to our website and social media platforms (Facebook, Instagram, Twitter, LinkedIn, etc.).
All classes are recorded and will be made available on the student dashboard for two months for your convenience.
17Communications & contact consent
When you provide a phone number or email, for a trial, an enquiry, or enrollment, you agree that 98thPercentile and those acting on our behalf may contact you about the Services by phone call, text message (SMS), and email. These communications may be made by a member of our team or by an automated system or AI assistant, and may use automated dialing or prerecorded or artificial voice messages.
Consent to marketing messages is not a condition of purchase. Message and data rates may apply. You can opt out of marketing at any time by replying STOP to texts, using the unsubscribe link in emails, or contacting us, and still receive essential service messages. We honor applicable rules including the US TCPA and CAN-SPAM Act and Canada's CASL.
18Promotional Offers Policy
Time to time we run marketing campaigns to attract new customers. As part of this we may give out very generous offers such as a number of free classes to try us out. Unless expressly stated otherwise,
- These offers are only for new customers.
- These offers are to be availed only once per family irrespective of the duration of the prior promotion.
- Only for one program per family irrespective of how many students are present in the family.
- If you sign-up for multiple programs for one or more students, you are agreeing to be billed for those additional programs.
- If you falsify information to gain repeated access to promotional offers, we reserve the right to remove you from the program and/or charge you as appropriate.
19General Information
Our terms and conditions are applicable to all users of the 98thPercentile website and services. By using our website/services, you agree to our privacy policies without qualification. We have all the right to modify the terms and conditions of our site without your consent. We value our customers and treat their information with care. We do not charge for using our website. We hold ownership rights and users are prohibited from misusing our information in any form. You agree to abide by all our regulations, codes and laws and you agree not to email, post, or market our content.
20Service Availability
The access to the Third-Party Apps offered may be available on a limited basis or may be unavailable from time to time. The online services made available may suffer occasional outages, and 98thPercentile is not liable for any loss suffered due to disruptions.
21Prohibitions
- You must not access or use the website or any portion of the services provided for commercial purposes.
- The access to the website and the associated services are for your personal use, and you agree not to sell, duplicate, or modify the same for ulterior motives.
- You must not alter any trademark, logo, copyright, or any other content from the website.
- You are restricted from advertising or uploading any promotional content on the website.
- You are restricted from collecting information of other users and sending any unsolicited emails.
- You must not post content that can be deemed objectionable or invade the privacy of publicity rights.
- You must not misrepresent your identity or create a false impression especially to gain repeated access to promotional offers.
- It is expressly prohibited to use the account to store and share personal files, images, videos and content of any nature.
- You are prohibited to use the account to create personal calls and meetings.
- The Parent is responsible for all the actions the student takes.
- You must not share any system access, portal access, credentials with anyone else.
22Proprietary Rights
You accept that the content, including but not limited to, text, images, and graphics displayed on our website are owned and maintained by the 98thPercentile. 98th Percentile’s logo is a registered trademark, and the users do not have any rights to imitate or copy the contents or logo without our knowledge. You acknowledge that the service provided is protected by proprietary rights and you are not authorized to modify or distribute it or a part of it. 98thPercentile reserves the right to terminate your membership account if any violation of the proprietary rights is noticed and take appropriate legal action depending on the severity of the breach.
23Applicable Governing Laws
All issues relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related shall be governed by and construed in compliance with the applicable state laws. We conform to Children’s Online Privacy Protection Act (“COPPA”), Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g), and Protection of Pupil Rights Amendment (“PPRA”)
24Disclaimer
98thPercentile WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED WHILE USING TECHNOLOGY OR ANY OF THE SERVICES ON THE WEBSITE OR ANY THIRD-PARTY WEBSITE LINKED. THE WEBSITE AND ITS SERVICES ARE AVAILABLE ON AN “AS IS” BASIS WITHOUT ANY WARRANTY, EITHER IMPLIED OR EXPRESSED. THE STAFF AND THE MANAGEMENT OF 98thPercentile DO NOT WARRANT THE ACCURACY, RELIABILITY, AND QUALITY OF THE WEBSITE/SERVICES, IT’S CONTENT AND THE INFORMATION GAINED FROM ANY OTHER LINKED WEBSITE.
98thPercentile HEREBY DISCLAIMS ALL THE WARRANTIES, WHETHER STATUTORY OR OTHERWISE, EXPRESSED OR IMPLIED.
YOU AGREE THAT THE USE OF THE WEBSITE AND THE SERVICES PROVIDED ARE AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE LIMITATION OF LIABILITY AND THE WARRANTY DISCLAIMER SET FORTH IN THIS TERMS AND CONDITIONS REFLECT THE ADEQUATE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS TO BE ABLE TO RENDER THE SERVICES.
25Limitation of liability
To the maximum extent permitted by law, 98thPercentile will not be liable for indirect, incidental, or consequential damages, and our total liability for any claim relating to the Services will not exceed the amount you paid us for the Services in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited by law.
26Indemnification
To the extent permitted by law, you agree to indemnify and hold 98thPercentile harmless from claims arising out of your misuse of the Services or your violation of these Terms.
27Changes to these terms
We may update these Terms as our Services or the law change. We'll post the updated version with a new "last updated" date and, where required, give notice. Continuing to use the Services after changes take effect means you accept the updated Terms.
28How to contact us
Questions about these Terms? Email info@98thpercentile.com or use our contact page.
This document is a working template prepared for 98thPercentile and must be reviewed by qualified legal counsel before publication. It is not legal advice.