Terms of Service
Terms of Service
Lyka Learning Operated by Darya LLC Effective Date: May 15 2026
These Terms of Service ("Terms") govern your access to and use of the Lyka Learning platform, website, and related services (collectively, the "Service"), operated by Darya LLC, a Delaware limited liability company ("Company," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.
1. About the Service
Lyka Learning is an AI-powered educational platform designed to support students in academic subjects. The Service offers a free tier with limited features and a paid subscription with expanded features, as described in Section 4.
2. Who May Use the Service
2.1 Parent or Guardian Account Holders
Only adults age 18 or older may create an account. By registering, you represent and warrant that you are at least 18 years of age. If you are creating an account on behalf of a minor student between the ages of 13 and 17, you represent that you are the parent or legal guardian of that student and that you have the legal authority to enter into these Terms on behalf of yourself and to authorize the student's use of the Service.
2.2 Permitted Student Users
Once a parent or guardian has created an account and accepted these Terms, they may authorize a student between the ages of 13 and 17 ("Student User") to access the Service through that account. The parent or guardian is solely responsible for supervising and overseeing their Student User's activity on the Service.
2.3 Prohibition on Under-13 Use
The Service is not directed to children under 13 years of age, and we do not knowingly collect personal information from anyone under 13. You represent and warrant that no Student User authorized under your account is under 13 years old. If we discover that a Student User is under 13, we will immediately suspend or terminate the associated account and delete all associated data. If you believe a child under 13 has accessed the Service, please contact us immediately at [support email].
2.4 US Users Only
The Service is intended for use by residents of the United States only. By using the Service, you represent that you are located in the United States.
3. Account Registration
You agree to provide accurate, current, and complete information when registering for an account and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including all activity by any authorized Student User.
You must notify us immediately at [support email] if you suspect any unauthorized access to or use of your account. We are not liable for any losses or damages arising from your failure to maintain account security.
4. Free Tier and Paid Subscriptions
4.1 Free Tier
The Service offers a free tier of access with features limited at our sole discretion. We reserve the right to modify, restrict, expand, or discontinue any feature of the free tier at any time without prior notice or liability to you.
4.2 Paid Subscription
Full access to the Service requires a paid subscription. By subscribing, you agree to the following:
- Billing Cycle: Subscriptions are billed on a monthly basis.
- Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring monthly basis without further action from you.
- Cancellation: You may cancel at any time through your account settings or by contacting us at [support email]. Cancellation takes effect at the end of the current paid billing period. You will retain access to paid features through the end of that period.
- No Refunds: All subscription fees are non-refundable. We do not provide refunds, credits, or proration for partial billing periods, unused features, or early cancellations. This applies regardless of whether cancellation is initiated by you or by us due to a Terms violation.
- Price Changes: We may change subscription pricing at any time. We will provide at least 30 days' advance written notice of any price increase via email to the address on your account or via in-app notification. Continued use of the Service after the price change takes effect constitutes your acceptance of the new pricing.
4.3 Payment
You must provide valid payment information to subscribe. You represent that you are authorized to use the payment method provided. If your payment fails, we may suspend your access until payment is resolved. We use third-party payment processors and do not store full payment card information; your use of payment processing is also governed by the applicable processor's terms.
5. AI-Powered Features and Disclaimer
The Service uses artificial intelligence and machine learning systems to provide educational content, tutoring-style responses, practice questions, and feedback ("AI Content"). By using the Service, you acknowledge and agree that:
- AI Content is provided for general educational and informational purposes only.
- AI Content may contain errors, inaccuracies, omissions, or outdated information.
- AI Content does not constitute professional academic advice and is not a substitute for instruction by a qualified educator, tutor, or academic advisor.
- Results, scores, or outcomes on external examinations (including AP exams) are not guaranteed by use of the Service.
- Your reliance on AI Content for any academic, educational, or other purpose is entirely at your own risk.
We reserve the right to modify, retrain, replace, or discontinue the AI systems underlying the Service at any time without notice.
6. Data Collection and Use
By using the Service, the account holder (parent or guardian) consents to our collection and use of the following categories of data:
- Account information: Name, email address, and account credentials of the account holder.
- Student profile information: Age range and academic level of the authorized Student User.
- Performance data: Quiz results, practice scores, progress metrics, and learning activity of the Student User.
- AI conversation logs: Interactions between the Student User and the AI tutoring features.
We collect this data to operate, maintain, personalize, and improve the Service. We do not sell personal data to third parties for their independent commercial purposes. Our full data practices, including how we handle Student User data and data retention, are described in our [Privacy Policy], which is incorporated into these Terms by reference.
If you are a parent or guardian and wish to access, correct, or delete data associated with your Student User's account, please contact us at [support email].
7. Acceptable Use
You agree not to use the Service in any way that:
- Violates any applicable federal, state, or local law or regulation
- Infringes the intellectual property or privacy rights of any person
- Impersonates any person or entity or misrepresents your identity or affiliation
- Involves sharing your account credentials with unauthorized third parties
- Uses automated tools, bots, scripts, or other means to access or interact with the Service
- Attempts to reverse engineer, scrape, copy, or extract content, models, data, or functionality from the Service
- Interferes with the security, integrity, or performance of the Service or its underlying infrastructure
- Circumvents any feature restrictions, access controls, or billing mechanisms
8. Intellectual Property
All content, materials, software, AI models, curricula, and features of the Service are owned by or licensed to Darya LLC and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws. These Terms do not transfer any ownership rights in the Service to you.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for personal, non-commercial educational purposes consistent with these Terms. Any other use requires our prior written consent.
9. Termination and Suspension
We reserve the right to suspend or terminate your account, with or without cause, at any time in our sole discretion, without prior notice or liability to you.
Upon termination:
- Your right to access and use the Service ceases immediately.
- You will not receive a refund for any unused portion of a paid billing period.
- We may delete account data consistent with our Privacy Policy and applicable law.
You may also terminate your account at any time by contacting us at [support email]. Termination of your account does not relieve you of any obligations accrued prior to termination.
Sections 6, 8, 9, 10, 11, 12, 13, and 14 of these Terms survive termination.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, INCLUDING AI CONTENT, PROVIDED THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARYA LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, EDUCATIONAL OUTCOMES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
12. Dispute Resolution
12.1 Informal Resolution
Before initiating any formal legal proceeding, you agree to contact us at [support email] with a written description of your dispute and the relief you are seeking, and to give us 30 days to attempt to resolve the matter informally. Both parties agree to negotiate in good faith during this period.
12.2 Small Claims Court
If informal resolution fails, either party may bring an individual claim in small claims court in the State of Delaware, provided the claim qualifies under the applicable small claims rules. This is the exclusive judicial forum for resolving qualifying disputes between you and Darya LLC.
12.3 Class Action and Collective Action Waiver
YOU AND DARYA LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. No court or other forum may consolidate or join more than one person's claims, or otherwise preside over any form of representative or collective proceeding involving claims by or against Darya LLC.
If this class action waiver is found to be unenforceable in any proceeding, then the claim or proceeding shall proceed only on an individual basis.
12.4 Equitable Relief
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction in Delaware to prevent irreparable harm pending resolution of a dispute.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide at least 14 days' advance notice of material changes via email to your account address or via in-app notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must cancel your subscription and stop using the Service before the effective date.
14. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. For any claims not subject to the dispute resolution process in Section 12, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.
15. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Darya LLC regarding the Service and supersede all prior agreements or understandings.
- Severability: If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
- Assignment: You may not assign or transfer your account or any rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
- No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
- Force Majeure: We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, internet outages, governmental actions, or third-party failures.
16. Contact Information
For questions about these Terms, to cancel your account, or to submit a dispute notice:
Darya LLC support@lyka-ai.com www.lyka-ai.com