Last updated: October 19, 2026
This User Agreement (the "Agreement") governs your access to and use of the Cambly websites and mobile applications (the "Platform"), including without limitation www.cambly.com and its associated mobile applications, including without limitation Cambly Go (the "Cambly Site"), and www.cambly.com/kids and its associated mobile applications, including without limitation the Cambly Kids – English Learning mobile application (the "Cambly Kids Site"). The Platform is made available by Cambly Inc. ("Cambly," "we," "us," or "our"), subject to the terms and conditions contained in this Agreement, to language learners ("Students") and teachers ("Tutors") who offer tutoring services through the Platform ("Tutoring Services"). The terms "User", "you", and "your" refer to anyone accessing or using the Platform, including without limitation Students, their parents or legal guardians if Students are under the age of eighteen (18), and Tutors.
If you created an account on the Platform before September 21, 2026, this Agreement is effective October 21, 2026. For everyone else, this Agreement is effective as of the date above.
PLEASE NOTE: SECTION 20 BELOW REQUIRES WITH LIMITED EXCEPTION THAT (1) CLAIMS YOU BRING AGAINST CAMBLY BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, (2) YOU GIVE UP YOUR RIGHT TO SUE IN COURT AND HAVE YOUR CLAIMS HEARD BY A JURY, AND (3) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, AS APPLICABLE, THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.
You may use the Platform only if you can form a binding contract with Cambly, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
Students must be at least 18 years old to use the Cambly Site. Students under the age of 18 may use the Cambly Kids Site, but only if their parent or legal guardian has provided Cambly verifiable consent and agreed to this Agreement. If you are a Student, you represent that your use of the Platform complies with these age restrictions.
If you are a Tutor or prospective Tutor, you represent that you are over the age of 18. Cambly may issue other tutor eligibility requirements from time to time, and the requirements may vary depending on the applicable Tutoring Service. Cambly reserves the right to assess and reassess your eligibility at any time at its sole discretion and may request information from you at any time to make such determinations.
If Cambly has previously prohibited you from accessing or using the Platform, you are not permitted to access or use the Platform.
Access to and use of the Platform by Tutors is also governed by the Tutor Addendum, which is incorporated by reference into this Agreement.
Students and Tutors are subject to any additional guidelines, rules, or terms that are posted or otherwise made available to you in connection with the Platform, all of which are incorporated by reference into this Agreement.
Please review the Cambly Privacy Policy and Cambly Kids Children’s Privacy Policy, as updated from time to time and as applicable to your use of the Platform (“Cambly’s Privacy Policy”).
Tutors acknowledge their role as a data controller to the extent they receive personal information in the course of providing Tutoring Services and agree to comply with their obligations under applicable law as a data controller.
We may modify the Agreement from time to time and will notify you of material changes in advance of the effective date of those changes by email, by posting a notice on the Platform, or by other means. Your access to or use of the Platform after the effective date of such changes constitutes your acceptance of those changes. Do not access or use the Platform if you do not accept the changes.
If you create an account on the Platform, you agree that the information you provide, at all times, will be true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. The Platform may offer In-App Purchases (as defined below), and you agree that you are responsible for all In-App Purchases made using your Cambly account or your app store account, as applicable. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Cambly. You may be liable for the losses incurred by Cambly or others due to any unauthorized use of your account.
Except as provided herein, your account may only be used by you.
Subject to your compliance with the terms of this Agreement, Cambly grants you a limited, non-exclusive, non-assignable, non-sub-licensable, revocable, license to access and use the Platform as it is provided to you by Cambly solely for your personal use as an actual or prospective Student or Tutor in a manner that complies with the Platform’s intended use, the terms of this Agreement, and in compliance with all legal requirements. Cambly may revoke this license at any time, in its sole discretion. Upon such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with this Agreement or otherwise.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform or content available therein, except as expressly permitted in this Agreement. The Platform or content available therein are provided to you AS IS. If you download or print a copy of any content available on the Platform for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cambly or its licensors, except for the licenses and rights expressly granted in this Agreement.
To the extent you need additional or different hardware or software to access and use all features of the Platform, you are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system. You hereby assume all risk and liability associated with such hardware and software. You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with the Platform.
You may not, and may not assist, encourage, or enable others to:
Cambly may monitor, record, and retain the interactions between and among Students, Tutors, and automated chatbots on the Platform ("Sessions"), including without limitation any audio, video, or text. You hereby consent to: (i) the monitoring, recording, and retention of any Session you engage in, which may include your voice, image, and communications ("Recordings"); (ii) Cambly storing and making use of such Recordings for any lawful business purpose, including without limitation for purposes of Tutor evaluation, Tutor training, dispute resolution, and improving the Platform and services available through it, and developing, marketing, licensing, selling, or otherwise commercializing products, services, or data insights derived from such Recordings; (iii) such Recordings being made available to the parties in a Recording (e.g., Students and Tutors) and their legal guardians (e.g., parents of a minor Student); (iv) such Recordings being used or disclosed by Cambly to the extent required by law or legal process or to the extent Cambly deems necessary for purposes of enforcing or protecting its rights or the rights of a third party; and (v) as you otherwise agree (including without limitation for Tutors, as set forth in the Tutor Addendum).
You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Cambly from using Recordings, and hereby grant to Cambly a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights you may have in or to any Recordings or content therein, or any User Content, to use, copy, reproduce, process, adapt, modify, prepare derivative works, license, publish, transmit, display, distribute, sell, license, transfer, and otherwise exploit such Recordings or content therein, and any User Content, in any format or medium now known or developed in the future for any lawful business purpose including without limitation use by Cambly or third parties, improving the Platform and developing, creating, offering, marketing, licensing, selling, or otherwise commercializing products, services, models, analytics, or insights derived from User Content, Recordings, Feedback, and other related data, or as required by law or legal process. Except to the extent prohibited by applicable law, you acknowledge and agree that Cambly may derive revenue or other commercial benefit from User Content, Recordings, and other related data without compensation to you. Additionally, Cambly may make available User Content, Recordings, Feedback, and other related data in connection with or during a business transaction (or potential business transaction), such as any merger, sale of company assets, financing, or acquisition of all or a portion of Cambly’s assets or business to another company, and any successor to such assets or business may continue to use your information consistent with Cambly’s Privacy Policy. Notwithstanding the foregoing, you may have certain choices with respect to access to or our retention of Recordings as set forth in Cambly’s Privacy Policy.
You agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any Session, except as allowed by this Agreement. To the extent Recordings are made available to you by Cambly, you agree to use them solely for your personal use and not for further distribution or publication.
Artificial Intelligence. Cambly uses artificial intelligence (AI) technologies to enhance our Services and the learning experience, including in connection with our chatbots and your tutoring sessions. For example, we may use AI technologies to help you practice your English, analyze your progress and usage patterns, and to personalize and provide insights about your learning journey. AI technologies may be used, trained or created by Cambly or any third parties engaged by Cambly for Cambly’s own business or commercial purposes (“Service Providers”), including without limitation by analyzing or in order to analyze your information, including without limitation Recordings, your Sessions and usage patterns as well as other available data, for any lawful purpose including without limitation improving the Platform and developing, creating, offering, marketing, licensing, selling, or otherwise commercializing products, services, models, analytics, or insights derived from User Content, Recordings, Feedback, and other related data. Cambly may also make such data available to third parties for their own business or commercial purposes (“Partners and Collaborators”) or to Service Providers, whether for use with AI technologies or otherwise, for any lawful purpose including without limitation for the foregoing purposes mentioned in this paragraph or for research. By using Cambly, you acknowledge and consent to the use of AI technologies as described in this Agreement and Cambly’s Privacy Policy. However, you may opt out of artificial intelligence systems being trained on your personal information, or Recordings that involve you, or opt out of Cambly sharing the foregoing with our Partners and Collaborators, by contacting us through the contact method listed in Cambly’s Privacy Policy or through any in-Platform settings we may make available from time to time, and we agree to honor any such request, but you may not opt out of artificial intelligence being trained on content other than your personal information or Recordings that involve you, such as data about your usage of the Platform.
Cambly students may receive tutor recommendations, course recommendations, and other personalized feedback based on their goals and learning history through an automated system. This system analyzes the student's preferences, progress, and past interactions to suggest tutors that best match their needs. In compliance with the Digital Services Act, we disclose that these recommendations are generated automatically using algorithms designed to enhance your learning experience. For more details on how these decisions are made or to contest a recommendation, please contact our support team.
We may allow you to submit, post, upload, publish, transfer, link, display, or otherwise make available (hereinafter, "post") information, text, graphics, photograph, audio, video, postings, reviews, designs, inventions, or other materials on the Platform ("User Content") that may or may not be viewable by others.
You retain ownership of all intellectual property rights you have in the User Content you post on the Platform. By posting User Content on or through the Platform, you hereby grant to Cambly a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights you may have in or to any User Content to use, copy, reproduce, process, adapt, modify, prepare derivative works, license, publish, transmit, display, distribute, and otherwise exploit such User Content in any format or medium now known or developed in the future for Cambly’s business purposes, including without limitation improving the Platform and developing, creating, offering, marketing, licensing, selling, or otherwise commercializing products, services, models, analytics, or insights derived from User Content, Recordings, Feedback, and other related data, or as required by law or legal process. In the interest of clarity, the license granted to Cambly will survive termination of the Platform or your account. You represent, warrant and agree that you have the necessary rights to grant us the license described in this section for any User Content that you post. You agree that this license includes the right for other Users with permitted access to your User Content (e.g. Tutors or Students) to use your User Content in conjunction with participation in the Platform and as permitted through the functionality of the Platform.
You will be solely responsible for your own User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Cambly does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other Users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. To report any inappropriate activity, please contact Cambly’s support team here. Please also note that User Content may contain typographical or other inadvertent errors or inaccuracies.
Cambly reserves the right in its sole discretion to remove or disable access to any User Content from the Platform, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that Cambly reserves the right to monitor User Content (but does not assume the obligation), and you understand it remains your sole responsibility to monitor your User Content and ensure that your User Content is accurate and consistent with your representations and warranties in this Agreement.
Cambly reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including without limitation investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Cambly, its Users and the public.
The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Platform ("Cambly Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Cambly Materials are the property of Cambly or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Cambly or its affiliates and/or third-party licensors. Except as expressly authorized by Cambly, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Cambly Materials.
Any feedback, comments, questions, or suggestions (collectively, "Feedback") you may provide regarding the Platform is entirely voluntary and we will be free to use such Feedback without any obligation to you. By sending us Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) hereby grant to Cambly a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights you may have in or to any Feedback to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such Feedback in any format or medium now known or developed in the future for Cambly’s business purposes including without limitation improving the Platform and developing, creating, offering, marketing, licensing, selling, or otherwise commercializing products, services, models, analytics, or insights derived from User Content, Recordings, Feedback, and other related data, or as required by law or legal process; and (iv) irrevocably waive, and cause to be waived, against Cambly and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback will survive any termination of your account or the Platform.
Cambly strives to promote a safe and inclusive learning environment but has limited control over how Students and Tutors may interact with one another. You acknowledge that Cambly makes no representations or warranties about Students or Tutors, their use of the Platform, or their background, training, or behavior. Please contact Cambly’s support team here if you have concerns about any Tutor or Student.
Payment Terms. All purchases are subject to the terms referenced at the time of purchase as well as those contained in this User Agreement. For example, if you purchase Tutoring Services for a defined subscription period (a “Subscription Plan”), you agree to accept charges on a recurring and auto-renewing basis to your payment account(s). You will be charged the first recurring payment on the date of the registration for the Subscription Plan, and will be charged on a recurring basis as long as your Subscription Plan is active (including without limitation through auto-renewals) and until it ends (for example, by cancellation or termination). Your account will include information on the payment date for your Subscription Plan. In some cases, your payment date may change, for example, to accommodate months with different numbers of days. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Platform until we receive payment.
Refunds and Cancellations. Subscription Plans and other services purchased in connection with the Platform are non-refundable and non-creditable, except where required by law. If you believe you have been mistakenly charged in connection with a purchase made directly with Cambly, please contact Cambly’s support team here. Refund requests must be received within thirty (30) days of the erroneous charge. Early cancellation requests are granted at Cambly’s sole discretion, including without limitation in respect of subscriptions purchased through third-party application store providers.
In-App Purchases; Mobile Services. Some parts of the Platform, such as Cambly mobile applications, may offer Subscription Plans or other items for purchase through indirect payment mechanisms facilitated by one or more third parties (“In-App Purchases”), including without limitation app store purchases. In-App Purchases remain subject to the terms and conditions set forth herein in all respects, except that you agree that all payments, renewals, cancellations and refunds (if any) shall be handled by the third-party application store provider and you also agree to comply with the terms of the respective third-party application store provider. Cambly is unable to cancel Subscription Plans or other purchases made through In-App Purchases, and you acknowledge that deleting the mobile application will not cancel a Subscription Plan or stop automatic renewals or payments being charged thereunder. In-App Purchases are subject to the additional terms and conditions of the applicable third-party application store provider, including without limitation those provided at the time of purchase; provided that nothing in such third-party terms shall waive or modify your obligations to Cambly hereunder. You agree that you are solely responsible for all activity on your Cambly account or app store account, as applicable, including without limitation In-App Purchases, which are made at your own risk whether authorized by you or made by a third party with access to your account. Cambly does not monitor the prices charged for In-App Purchases or guarantee that the prices charged for In-App Purchases are consistent with prices offered directly by Cambly. Any complaints or disputes arising out of In-App Purchases must be handled directly between you and the applicable third-party application store provider, and you hereby release Cambly and agree to indemnify and hold harmless and defend (at Cambly’s option) Cambly from any and all liability arising in connection therewith. By using the Platform, you may also incur charges with third parties like your wireless service provider for data usage. You acknowledge and agree that you are solely responsible for third party fees in connection with your use of the Platform.
Cambly may modify or discontinue the Platform and any of the media, products or services available through it at any time without notice. The media, products or services on the Platform may be out of date, and Cambly makes no commitment to update these materials on the Platform.
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Cambly support teams; and (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, or canceled, and why this action has been taken. Unless you have active subscriptions purchased through In-App Purchases, you may cancel your use of the Platform and/or terminate your account at any time by contacting Cambly’s support team here. If you have made In-App Purchases, please follow cancellation instructions provided by the applicable third-party application store provider or as may be available in the applicable mobile application. Please note that if your account is canceled, we do not have an obligation to delete or return to you any User Content you have posted to the Platform or derived from Recordings and associated data unless otherwise required under applicable law or as set forth in Cambly’s Privacy Policy. If we terminate the account of a Tutor, the applicable Tutor will be entitled to payment for Tutoring Services performed prior to the effective date of termination, payable within sixty (60) days of termination. Such payment will constitute full settlement of any and all claims of Tutor of every description against Cambly.
It is Cambly’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify Cambly’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
Cambly Inc.
Attn: DMCA Notice, Cambly Inc.
440 N. Barranca Ave., #4343
Covina, CA 91723
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING WITHOUT LIMITATION MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Cambly and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Cambly’s rights and obligations under the DMCA, including without limitation 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Cambly has adopted a policy of, in appropriate circumstances and at Cambly’s sole discretion, terminating the account or access of users who are deemed to be infringers or repeat infringers.
The Platform may contain information and content provided by third parties and may contain links to third-party websites, and other resources that are not owned or controlled by Cambly, including without limitation In-App Purchases. Cambly is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by Cambly, and Cambly does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Platform, you do so at your own risk, and you understand that this Agreement and Cambly’s Privacy Policy do not apply to your use of such links. You expressly relieve Cambly from any and all liability arising from your use of any third- party website, service, or content. You acknowledge and agree that Cambly is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
THE PLATFORM AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAMBLY, AND ITS SUPPLIERS, LICENSORS, SERVICE PROVIDERS AND PARTNERS AND COLLABORATORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
CAMBLY AND ITS SUPPLIERS, LICENSORS, SERVICE PROVIDERS AND PARTNERS AND COLLABORATORS DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CAMBLY AND ITS SUPPLIERS, LICENSORS, SERVICE PROVIDERS AND PARTNERS AND COLLABORATORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM OR IN-APP PURCHASES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CAMBLY NOR ITS SUPPLIERS, LICENSORS, SERVICE PROVIDERS OR PARTNERS AND COLLABORATORS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS OR COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL CAMBLY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY SERVICE PROVIDERS OR PARTNERS AND COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM IN-APP PURCHASES OR YOUR USE OF OR THE INABILITY TO USE THE CAMBLY MATERIALS ON THE PLATFORM OR THE PLATFORM ITSELF, OR ANY OTHER INTERACTIONS WITH CAMBLY, EVEN IF CAMBLY OR A CAMBLY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CAMBLY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT WILL CAMBLY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY SERVICE PROVIDERS OR PARTNERS AND COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO CAMBLY (OR ARE PAYABLE TO YOU BY CAMBLY) HEREUNDER, INCLUDING WITHOUT LIMITATION ANY AMOUNTS PAID IN RESPECT OF IN-APP PURCHASES, DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM AND (B) TWO HUNDRED AND FIFTY (250) U.S. DOLLARS.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN CAMBLY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE PLATFORM OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION IN-APP PURCHASES.
You agree to indemnify and hold Cambly, and its affiliated companies, and its suppliers, licensors, Service Providers and Partners and Collaborators, harmless from any claims, losses, damages, liabilities, including without limitation attorney’s fees, arising out of your use of In-App Purchases, your use or misuse of the Platform, violation of the rights of any other person or entity, or any breach of this Agreement.
Tutor will further be solely liable for, and will indemnify, defend and hold harmless Cambly and its successors and assigns from and against any claim or liability of any kind (including without limitation penalties, fees or charges) resulting from Tutor’s failure to pay the taxes, penalties, and payments due under this Agreement, including without limitation the Tutor Addendum. Tutor will further indemnify, defend and hold harmless Cambly and its successors and assigns from and against any and all loss or damage resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant or agreement on his part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against Cambly relating to or arising out of the activities of Tutor and Tutor will pay reasonable attorneys' fees, costs and expenses incident thereto.
Cambly reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cambly, and you agree to cooperate with Cambly’s defense of these claims.
PLEASE READ THIS SECTION (THE "ARBITRATION AGREEMENT") CAREFULLY IN ITS ENTIRETY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING WITHOUT LIMITATION YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If you access our Platform using a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an "iOS App"), you acknowledge and agree that:
In addition, you represent and warrant that:
If you access our Platform on a mobile application that you download, access, and/or use from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that this Agreement is between you and Cambly only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Cambly, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Cambly’s Google-Sourced Software.