Effective Date: Sep 24, 2025
Parties: This Terms of Service (“Terms” or “Agreement”) is a legal agreement between you (the Client – which refers to the student receiving services and/or their parent or legal guardian if the student is a minor) and Dewey Smart, which is a d/b/a of Abrega, Inc., a Delaware Corporation (located at 651 N Broad St, Suite 201, Middletown, DE 19709). By purchasing or using any Dewey Smart services (including one-on-one coaching, group sessions, test prep, college counseling, downloadable materials, and any other services offered), you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies referenced herein. If you are a parent or guardian enrolling a minor student, you agree to these Terms on the student’s behalf . If the student is under 18 years old, a parent or legal guardian must review and accept this Agreement on their behalf . Dewey Smart does not offer services to children under 13 years of age, and will not knowingly collect personal information from anyone under 13 in compliance with COPPA.
1. Services Offered: Dewey Smart provides educational coaching and tutoring services, pairing college/university coaches with high school students for academic subject tutoring, standardized test preparation (PSAT, SAT, ACT, etc.), and college admissions counseling. Services are primarily delivered live (typically via video call or online platform), though supplemental asynchronous materials or recordings may be provided. Both one-on-one sessions and group coaching sessions (in the future) are covered by this Agreement. We do not conduct in-person sessions by default; any in-person meeting between a student and coach outside the online platform is not officially provided by Dewey Smart and is at the participants’ own risk.
2. Account Registration and Security: In order to use our services, you may need to create an account or provide certain information (such as the student’s name, school, grade, contact information, and academic needs). You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account. You must notify Dewey Smart of any unauthorized use of your account. Parents/guardians should supervise the account and service usage for minor students.
3. Payment Terms: All coaching and tutoring services are offered on a pre-paid basis. You agree to pay all fees for the selected package or session plan in advance, or on an agreed payment schedule, before services are rendered. Currently, services are sold as packages (for example, a package of X hours of tutoring). In the future, Dewey Smart may offer subscription plans for ongoing services; by agreeing to these Terms, you also agree that if you enroll in a subscription, your payment method may be charged automatically on a recurring basis (e.g. monthly) for the subscription fee until you cancel. You will be informed of the subscription billing terms if and when you sign up for such plans. All fees must be paid in full prior to the start of services, unless otherwise agreed in writing . Dewey Smart reserves the right to delay or refuse scheduling of sessions until payment is received.
- Taxes: Unless stated otherwise, prices are exclusive of any applicable taxes. You are responsible for any sales, use, value-added, or similar taxes imposed by any jurisdiction as a result of the purchase of our services.
- Payment Processor: Payments are processed through a third-party payment processor (e.g., Stripe). By making a purchase, you agree to the payment processor’s terms and any fees or rules they impose. Dewey Smart does not store your full credit card details; those are handled securely by the payment processor.
- Payment Issues: You must provide a valid payment method and ensure your billing information is up to date. If a payment is declined or fails, we may suspend services until payment is successfully processed. If you have arranged a payment plan and a scheduled payment is missed, we reserve the right to suspend or terminate remaining services unless the balance is promptly paid.
4. Refund Policy: All sales made with Dewey Smart are final and non-refundable. Once you purchase a tutoring or coaching package (or subscription), you are committing to using our services rather than receiving a refund . We do not offer refunds for any reason, including but not limited to unused sessions, dissatisfaction with results, or change of mind, except in the rare event that we (Dewey Smart) are unable to deliver the services you purchased. (Any such exceptions or refunds are at our sole discretion and will typically be provided only as service credits or rescheduling rather than cash refunds.) This no-refund policy is clearly communicated to you prior to purchase and you acknowledge it by agreeing to these Terms and checking the required box at checkout.
- Service Usage Period: Purchased tutoring hours or services may be used (scheduled and delivered) for up to two (2) years after the student’s high school graduation. After that period, any unused sessions or hours will expire and will not be refundable. We allow this extended period to ensure students (especially those starting with us early in high school) have ample time, even post-graduation, to use their remaining tutoring hours. However, beyond this period, we can no longer guarantee coach availability or curriculum relevance, and any unused services are forfeited.
- Transfers: Tutoring packages are generally intended for the specific student at the time of purchase and are not transferable to other students or siblings without our prior written consent. If a student who purchased a package can no longer use the services (e.g., has graduated and moved on), please contact us to discuss possible accommodations, but note that refunds will not be given.
- Policy Rationale: By maintaining a strict no-refund policy, we are able to schedule and commit resources (coaches’ time slots) in advance for your student. This policy also provides us evidence to dispute any unwarranted chargebacks by showing that the customer was informed of and agreed to a no-refund condition before purchase. For further details, see our separate Refund Policy document, which is incorporated by reference into these Terms.
5. Scheduling Sessions: After purchase, Dewey Smart will work with you to schedule tutoring sessions with an appropriate coach. Session scheduling may be coordinated through our platform, through direct communication with Dewey Smart staff, or via a scheduling app. Lesson schedules will be agreed upon in advance, and we will do our best to accommodate your preferred times .
- Regular Scheduling: You may set up a recurring schedule (e.g., every Tuesday at 5pm) or book sessions on an as-needed basis, subject to coach availability. It is recommended to schedule sessions as far in advance as possible to secure preferred times.
- Time Zone and Location: Ensure you join the online session at the correct time. For online sessions, you are responsible for having a stable internet connection and necessary software/hardware.
- Group Sessions: (If and when group coaching is offered) Group sessions will occur at fixed times. By enrolling in a group program, you agree to the schedule provided; makeup sessions for group classes are generally not available if you miss a class, as the class will continue for other participants.
6. Cancellation & Rescheduling Policy: If you need to cancel or reschedule a tutoring session, you must provide sufficient notice. Our policy is designed to respect the time our coaches set aside for you and to allow other clients to fill vacated slots. The following rules apply to cancellations or rescheduling requests:
- 24-Hour Notice Required: You must notify Dewey Smart (and/or your coach, as instructed) at least 24 hours in advance of the scheduled session start time if you wish to cancel or reschedule a session . We will confirm the cancellation/reschedule and work with you to re-book the session if needed.
- Late Cancellations (<24h): If you cancel a session with less than 24 hours’ notice, or fail to attend a session without proper notice, the session will be charged in full and considered forfeited . In the case of pre-paid packages, the session will be deducted from your remaining hours as if it had been completed. No refunds or credits will be issued for sessions canceled on short notice or missed by the student . (We understand emergencies can happen; if there were truly extraordinary circumstances, you may contact us with an explanation, and at our discretion we may accommodate a make-up session, but this is not guaranteed.)
- No-Shows: If a student is absent from a session entirely without any prior cancellation notice (a “no-show”), that session is also forfeited and counted as completed. The coach will wait online for a grace period (typically 15 minutes) for one-on-one sessions. If the student fails to appear or is excessively late, the coach may end the session and report a no-show.
- Coach Cancellations: If a coach needs to cancel or reschedule due to illness or emergency, we will notify you as soon as possible and provide a rescheduled session or assign a substitute coach. Coach-initiated cancellations or missed sessions will not count against your package hours, of course, and we will make sure to make up that time at no extra charge.
- Repeated Cancellations: If a client repeatedly cancels or misses sessions (e.g. multiple no-shows or late cancellations), Dewey Smart reserves the right to refuse further scheduling or to terminate the services for that client, in order to be fair to our coaches and other students . We will discuss any such situation with you before taking action.
For more details, see the separate Session Cancellation & Rescheduling Policy which is incorporated herein by reference.
7. Student/Client Responsibilities: To ensure a productive coaching relationship, the student (and parent/guardian, as applicable) agrees to the following responsibilities:
- Preparation and Participation: The student will attend sessions on time, be prepared with any required materials (textbooks, assignments, login to online platforms, etc.), and actively participate in the coaching process . Coaches may give homework or practice exercises; the student should make a good faith effort to complete these, as consistent practice is essential to progress.
- Technical Requirements: For online sessions, the student is responsible for having a working computer or device, internet access, and any required software (e.g., Zoom or other video conferencing tool recommended by Dewey Smart). The student should find a quiet, appropriate environment for the session to avoid distractions.
- Behavior and Etiquette: Students are expected to maintain respectful behavior towards their coach at all times. This includes using appropriate language, following the coach’s instructions during sessions, and not engaging in any form of harassment, bullying, or inappropriate conduct. If a student is disruptive or refuses to cooperate during a session, the coach has the right to end the session, and it may be counted as a completed session. Repeated behavioral issues may result in termination of services (with no refunds for unused sessions in such cases).
- Academic Integrity: Dewey Smart coaches are mentors and educators; they will not do a student’s homework or take exams for the student. The student must uphold academic integrity. Our services should be used for learning and improvement, not for any form of cheating or plagiarism. The student (and parent) agrees that they will not solicit coaches to complete assignments or otherwise engage in academic dishonesty. Any guidance on college applications or essays will be in the form of feedback and coaching; the student is responsible for doing their own work. If a coach suspects that a student is asking for improper assistance (for example, writing an essay for them), the coach is instructed to refuse and report this to Dewey Smart management.
- Parent/Guardian Involvement: For minor students, a parent or guardian should be aware of the sessions’ scheduling and content. While we do not require a parent to sit in on each session (especially for older teens), we strongly encourage parents/guardians to ensure the student’s environment is safe and conducive to learning. If sessions are at home, a parent or responsible adult should be present or reachable. Dewey Smart is not responsible for supervising minors outside of the tutoring session itself. Parents are also encouraged to communicate with Dewey Smart staff about any concerns or special considerations regarding the student.
8. Dewey Smart (Company and Coach) Responsibilities: We commit to providing a high-quality educational service and a safe experience. Under this Agreement, Dewey Smart and our coaches will:
- Quality of Coaches: Provide qualified and vetted coaches/tutors who are knowledgeable in the subject matter or test at hand and capable of effectively mentoring students. (Our coaches are typically top university students or graduates with strong expertise in their fields. We may perform interviews, background checks, and training as part of our vetting process. However, we do not warrant any specific credential or qualification beyond what is advertised.)
- Professional Conduct: Ensure that coaches conduct themselves professionally and uphold Dewey Smart’s standards. Coaches are expected to be punctual, prepared, and to provide focused attention and tailored instruction to the student’s needs. Coaches will also uphold appropriate boundaries and will not engage in any inappropriate behavior with students. If you ever have a concern about a coach’s conduct, please report it immediately and we will investigate and take appropriate action (including potentially assigning a new coach or other remedies).
- Materials and Curriculum: Provide or recommend any necessary learning materials, practice tests, or resources for the sessions, unless otherwise specified. Some materials (like official test prep books) may need to be purchased by the client, and we will advise on that. Any custom materials provided by Dewey Smart or the coach are for the student’s personal educational use only.
- Safe Environment: Especially in an online setting, we aim to maintain a safe virtual learning environment. Coaches will use authorized platforms for communication and sessions. We discourage coaches and students from moving communications to unauthorized channels without need. Official communications regarding scheduling, payment, or any concerns should be through Dewey Smart channels (the platform, official email, or phone) and not solely between student and coach privately, to ensure accountability and support.
- Confidentiality: Maintain confidentiality of student information. Any personal or academic information shared with Dewey Smart or the coach will be used only for the purposes of providing services to the student. Coaches and staff are bound to keep student records and communications private, except as necessary to perform the service or as required by law or if there is a safety concern. (See Privacy Policy for details on data protection.)
9. No Guarantee of Results: While Dewey Smart is committed to helping students improve their academic performance and achieve their goals, we do not guarantee any specific outcomes (such as a particular test score, grade improvement, or college admission). The student’s success depends on many factors, including their effort, attendance, motivation, and external factors beyond our control . Academic improvement is a shared responsibility between the tutor and student , and results will vary by individual. By using our services, you acknowledge that there is no promise of any particular result and you will not hold Dewey Smart liable for not achieving your desired outcomes.
10. Intellectual Property and Usage of Materials: All content provided by Dewey Smart, whether on our website, in session materials, documents, videos, or any other format, is the intellectual property of Dewey Smart (Abrega, Inc.) or our licensors, unless explicitly stated otherwise. This includes curricula, lesson plans, practice questions, guides, and any proprietary techniques or methodologies we use.
- Personal Use Only: Clients are granted a limited, non-transferable license to use the materials provided for their own personal educational purposes. You may not copy, distribute, share, publish, or otherwise use any of our materials for commercial purposes or beyond what is necessary for your personal learning. For example, you should not upload our worksheets or content to public forums, or use them to tutor others, without permission.
- Prohibition on Recording: To protect privacy and intellectual property, sessions may not be recorded by either party without prior mutual consent . We understand students or parents may wish to record a session for review; this is permitted only if you have obtained explicit permission from the coach and Dewey Smart beforehand. Any approved recordings should be used only by the student for study purposes and should not be shared. Dewey Smart may choose to record sessions for quality control or training (we would inform you if we do), and such recordings will be used internally and in accordance with our Privacy Policy.
- Feedback and Suggestions: If you provide feedback, ideas, or suggestions to Dewey Smart (for example, suggestions for new features or services), you acknowledge that Dewey Smart may use such feedback without any obligation to compensate you, and we own all rights to improvements or innovations resulting from such feedback.
11. Acceptable Use and Conduct: You agree to use Dewey Smart’s services and website only for lawful purposes and in accordance with these Terms. You will not:
- Use the service to harass, harm, or defraud any person or entity.
- Impersonate any person or misrepresent your affiliation or age (for instance, an adult cannot pose as a student, and a minor should not use the service without parental consent).
- Attempt to hack, penetrate or disrupt our website, platform, or any system used by Dewey Smart. This includes not introducing any malware or engaging in any attacks.
- Engage in any behavior that could be considered inappropriate given the context of minors working with coaches (for example, sending inappropriate images or requests to a coach). Both students and coaches must maintain professional behavior.
- Use any of our services or content for competitive purposes (e.g., as a tutor or company trying to copy materials or recruit our coaches).
- Otherwise use the service in a manner that violates any applicable law or regulation.
Dewey Smart reserves the right to terminate or suspend your access to services for any violation of the above or any other part of these Terms (see Termination section below).
12. Non-Solicitation of Coaches: By using Dewey Smart, you agree not to circumvent or interfere with our business relationship with our coaches. You agree not to solicit, hire, or engage any Dewey Smart coach/tutor for separate private tutoring or consulting outside of Dewey Smart during the term of our services and for a period of 12 months after your last session with Dewey Smart . In other words, you should not approach our coaches to arrange side deals or continue tutoring on your own without booking through Dewey Smart. This non-solicitation provision is critical to protect our business. If we discover that this has been violated, we reserve the right to terminate services without a refund and may pursue legal remedies or fees equivalent to the lost business. (We invest in recruiting and training our coaches, and in facilitating your match with them; in exchange, we expect that clients will honor this term.)
13. Limitation of Liability: To the fullest extent permitted by law, Abrega, Inc. d/b/a Dewey Smart and its directors, officers, employees, contractors (including coaches), and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to the services or this Agreement (including but not limited to lost opportunities, lost profits, academic setbacks, emotional distress, or the cost of procuring alternative services) . Our total liability to you for any claim arising from or related to the services or these Terms is limited to the amount you have paid to Dewey Smart for services in the past six (6) months (or, if greater, $100).
- No Liability for Outcomes: As noted, we do not guarantee any particular outcome (test scores, admissions results, grades, etc.), and you agree that we will not be responsible for results that do not meet your expectations.
- Service Availability: While we strive for uninterrupted service, we cannot guarantee that scheduling or services will always be available at your desired times, or that our website/platform will be free from downtime or errors. Any such issues will be addressed as soon as possible, but we are not liable for minor delays or interruptions.
- Third-Party Tools: Dewey Smart uses third-party platforms and tools (such as video conferencing software, scheduling apps, and payment processors). We do not have control over these services and thus are not liable for any issues or breaches caused by third-party platforms . For example, if there is a security incident or outage on a video call service that interrupts a session, we will work to reschedule but are not responsible for the third-party’s failure. Similarly, while our payment processor is secure, we are not responsible for unauthorized access or errors on the processor’s side.
- In-Person Sessions and Safety: As noted, Dewey Smart does not typically organize in-person sessions. If you independently arrange to meet a coach in person, Dewey Smart cannot be responsible for any injuries, accidents, or incidents that occur in such meetings. We urge caution and parental supervision for any offline meetings. If tutoring occurs at a third-party location like a library or your home under your arrangement, you assume all responsibility for any risks or incidents at that location.
- Data Loss: We make efforts to maintain records of your tutoring sessions (schedules, progress notes, etc.), but we are not liable for any loss of data or records due to unforeseen events (like a data breach or system crash). We recommend that students keep their own notes of lessons and copies of important documents.
14. Indemnification: You agree to indemnify, defend, and hold harmless Dewey Smart (Abrega, Inc.) and its affiliates, and their respective officers, directors, employees, coaches, agents, and partners from and against any and all third-party claims, liabilities, losses, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the services or content in violation of these Terms; (b) your violation of any law or rights of any third party in the course of using our services; or (c) any breach of the representations, warranties, and covenants made by you in this Agreement. For example, if you use our service in a way that causes harm or legal trouble to someone else (or to us), you may be responsible for the costs.
15. Termination of Services: Either party may terminate the services under this Agreement – you may stop using Dewey Smart at any time (though if you have unused sessions, our refund policy applies and likely no refund will be given for unused time except as stated). Dewey Smart reserves the right to terminate or suspend your access to services for cause if you violate these Terms or engage in behavior that is harmful, unlawful, or against the spirit of our mission. If we terminate due to your breach of the Terms (such as misconduct or non-payment), you will not be entitled to any refund for unused services and you remain liable for any unpaid balances. We may also terminate services without cause if necessary (for example, if we cease operations or determine we cannot feasibly serve you), in which case we would provide a refund for any undelivered services that were paid for.
If services are terminated, sections of these Terms that by their nature should continue (such as Refund Policy, Use of Materials, Limitation of Liability, Indemnification, Dispute Resolution, etc.) will survive termination.
16. Dispute Resolution: We truly hope to never have disputes with our clients, and we encourage you to contact us to resolve any issue informally. Any concerns or disputes should first be raised by emailing our support team at support@deweysmart.com or calling +1(877)749-6539. We will attempt in good faith to resolve the issue. You agree not to initiate a chargeback or payment dispute with your bank or credit card provider without first attempting to resolve the matter directly with Dewey Smart. If you initiate a chargeback without contacting us or in violation of our policies (for example, seeking to deny a charge for services that were delivered as promised or which you agreed were non-refundable), that is considered a breach of this Agreement. In such cases, we reserve the right to pursue the owed amount and any fees incurred (to the extent allowed by law), and to terminate your access to further services.
If we cannot resolve a dispute amicably, the following provisions apply:
- Mediation/Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement or the use of our services that cannot be resolved by negotiation shall be submitted to mediation before a neutral mediator in good faith. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration on an individual basis, in accordance with the rules of the American Arbitration Association (AAA) for consumer disputes (or other agreed arbitrator). You and we agree to waive the right to a trial in court in front of a judge or jury for these disputes, and agree that the arbitrator’s decision will be final and enforceable. No class action or consolidation of claims is permitted – each dispute will be resolved individually (you waive any ability to bring or participate in a class or representative action against us). This arbitration agreement is governed by the Federal Arbitration Act and survives any termination of the Agreement.
- Exceptions: Notwithstanding the above, either party may bring a claim in small claims court if it qualifies. Additionally, claims involving allegations of intellectual property misuse or violation of the non-solicitation clause may be brought in court without the requirement of arbitration (since we may need injunctive relief).
- Governing Law and Venue: This Agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles. However, we accommodate consumer protection laws of your state of residence as applicable. Subject to the arbitration clause above, for any disputes that are not subject to arbitration (or for enforcing an arbitration award), you agree to the exclusive jurisdiction of the state and federal courts located in Delaware.
17. Changes to Terms: Dewey Smart may update or modify these Terms from time to time. If we make material changes, we will notify clients by email or by posting a notice on our website. The updated Terms will have a new “Effective Date.” Continued use of the services after any changes constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the services. We encourage you to review the Terms periodically . No change will retroactively affect any dispute that we have actual notice of before the change.
18. Miscellaneous:
- Entire Agreement: These Terms, along with the Privacy Policy, Refund Policy, and any other policies or guidelines we provide, constitute the entire agreement between you and Dewey Smart regarding the services, and supersede any prior agreements or understandings (written or oral).
- Severability: If any provision of this Agreement is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the rest of the Terms remain in full force and effect.
- No Waiver: Our failure to enforce any part of this Agreement is not a waiver of our right to later enforce that or any other part of the Agreement.
- Assignment: You may not assign or transfer your rights or obligations under these Terms to anyone else without our written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law.
- Headings: Section headings in this Agreement are for convenience only and have no legal effect.
19. Contact Information:
If you have any questions, concerns, or notices to provide under these Terms, please contact us at:
Dewey Smart (Abrega, Inc.)
651 N Broad St, Suite 201
Middletown, Delaware 19709, USA
Email: support@deweysmart.com
Phone: +1(877)749-6539