Agreement between User and the5academy.com

Welcome to the5academy.com. The the5academy.com website (the "Site") is comprised of various web pages operated by 5 Academy LLC. the5academy.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the5academy.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

the5academy.com is an Test Preparation Site. 

5 Academy LLC is an online test preparation service, which mainly specialized in college entrance exams. 5 Academy LLC sells online test preparation courses. 

Privacy

Your use of the5academy.com is subject to 5 Academy LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 

Electronic Communications

Visiting the5academy.com or sending emails to 5 Academy LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are 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 or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 5 Academy LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. 5 Academy LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

Children Under Thirteen

5 Academy LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the5academy.com only with permission of a parent or guardian. 

Cancellation/Refund Policy

If we state in our website chat or via our email that we will offer a money back guarantee and/or refund then we will honor said guarantee and/or refund as specified in the chat or email. (YOU WILL NEED TO PRESENT NECESSARY COMMUNICATION IF REQUESTED) Please note, we still reserve the right not to honor any money back guarantee and/or refund if we believe a request was made by a client who 5 Academy LLC deems to have already used money back guarantee and/or refund for the same course at a prior time and/or if 5 Academy LLC believes that the client is attempting to exploit its money back guarantee and/or refund policy.

For purchases of the "Complete Mastery +" program on or after 5/20/2022, "5 Academy Guarantee" will be honored under the following conditions:​

• The refund request must be made during the course's ownership period. For the Accelerated Improvement program, as of 9/23/2020, this period is 12 months after and including the date of purchase. 

• The student must have owned the course for 3 months to request a refund

• The student must have scheduled a tutoring session at least once every 14 days until they run out of sessions

• The student must have a starting composite score that is under 33. (Please submit your official ACT Test within 5 days of purchase or notify us that you haven't taken the test during the 5 day period.)

• The student must of completed at least 6 official ACT practice tests and discussed at least 3 of them with a 5 Academy tutor prior to finishing the course. 

• The student must email their last 3 official practice tests to [email protected]. ("official" in this context refers to tests created by ACT test makers via their Official Prep Guide or test booklets.)

• The student must submit their dissatisfactory test-day score within 30 days of receiving their score. The test must have been taken within 15 days of finishing the course.

  • "submit", in the above sentence context, refers to emailing the official score report that includes a student's composite and section scores to

  • "dissatisfactory" refers to a score that is lower than their starting score that was provided to 5 Academy upon starting the course.

    • ​a score is no longer "dissatisfactory" if the score provided is significantly lower than ​average of their last 3 official practice tests, prior to completing their course. If individual sections are taken sporadically, these must be compiled modularly into 3 full tests, and such a statistic must be derived. ("official" in this context refers to tests created by ACT test makers via their Official Prep Guide or test booklets. Keep in mind that individual sections must be part of an official test.)

  • "test-day score" refers to the ACT test administered during one of the national test days

  • "finishing the course" requires completing

    • all their tutoring sessions,

    • at least 75% of their assigned tasks, which are assigned during tutoring sessions, and

    • at least 55% of the online content, 

• The guarantee is restricted to one refund per household, per family, and per person, and may be invoked only once per student across their lifetime on the platform.

The Promise & The Big Promise (effective April 15, 2026)

For subscription program purchases on or after April 15, 2026, the pledges below supersede the "2-Point Improvement Guarantee" further down in this document. Subscriptions active before April 15, 2026 continue under the prior guarantee until renewal, at which point the subscription becomes governed by the pledges here.

The Promise (included with every paid subscription tier)

Gain at least 2 points in any single section (English, Math, Reading, or Science) of your official ACT score, or we refund the subscription charges you paid during the 30 days before your post-prep official ACT test. Eligibility requires all of the following:

• Your starting composite from a prior official ACT exam is 32 or lower, verified by a baseline score report submitted at the time of your first paid charge.

• You have prepped with 5 Academy for at least 21 days before your post-prep official test date.

• You have logged at least 20 hours of active study time on the platform (idle time and non-engaged page views do not count; measurement is via our gamification / activity logs).

• You have completed at least 3 full-length Enhanced ACT practice tests on the platform, end-to-end (all four sections of the same form, submitted).

• You complete the full 34-Day Plan — every day, every section, including watching the day's relevant videos.

• You take an official ACT exam within 60 days of completing the 34-Day Plan.

• You submit your post-prep official score report within 30 days of completing the 34-Day Plan.

The Big Promise (optional $15 add-on, new subscribers only)

Gain at least 4 points in any single section of your official ACT score, or we refund the subscription charges you paid during the 30 days before your post-prep official test. The $15 add-on itself is non-refundable once the pledge has been signed. Eligibility requires all of the following:

• You are a new subscriber — the Big Promise must be purchased as part of your first paid subscription with 5 Academy. Existing and previously-subscribed students are not eligible.

• Your starting composite from a prior official ACT exam is 26 or lower, verified by a baseline score report submitted at your first paid charge.

• You have prepped with 5 Academy for at least 60 days before your post-prep official test date.

• You have logged at least 50 hours of active study time on the platform.

• You have completed at least 5 full-length Enhanced ACT practice tests on the platform, end-to-end.

• You complete the full 34-Day Plan, take an official ACT exam within 60 days of completion, and submit your post-prep official score report within 30 days of completion.

Submitting your score reports

Two official ACT score reports are required for every Promise claim:

• Report 1 — Baseline: emailed from the student's account-of-record address (the email on your 5 Academy profile) at or before the date of your first paid charge. Establishes the starting composite.

• Report 2 — Post-prep: emailed from the same account-of-record address within 30 days of completing the 34-Day Plan. Determines whether the point target was met.

Each submission must include a written statement from the student confirming the score report has not been altered or fabricated. Score reports downloaded directly from the official ACT student portal are preferred; screenshots, forwarded third-party emails, and edited PDFs trigger additional verification at our discretion. We reserve the right to require independent verification from a school counselor or other authorized third party. A claim may be denied if either report cannot be verified within 30 days of submission.

One claim per student, lifetime

Every 5 Academy student is eligible for one Promise claim over their lifetime on the platform, across both The Promise and The Big Promise, in any combination. Once a refund has been paid — or a claim submitted and found ineligible — no further claims can be filed, including across multiple test dates, multiple accounts belonging to the same student, or multiple accounts across the same household (siblings, shared home, shared payment method). We use email, name, payment method, and device fingerprints to identify same-student and same-household relationships when reviewing claims.

Refund mechanics

Refund ceiling is the subscription charges paid in the 30 days before the post-prep official test. Processing fees are not reimbursed. Refunds are issued to the original payment method within 10 business days of claim approval. The $15 Big Promise add-on fee is non-refundable. "Bad-faith behavior" — including falsified or doctored score reports, or attempts to file a second claim across accounts or households — voids the guarantee and may result in account termination.

Score-improvement claims elsewhere on the site are based on user testimonials and may not be typical. We reserve the right to verify compliance and may request additional documentation to prevent abuse. This guarantee is void where prohibited and may be modified or discontinued at our sole discretion.

The guarantees below apply to subscriptions purchased before April 15, 2026 (until renewal) and to programs outside the subscription model. They are retained for historical reference.

For purchases of 31+ program, 31+ Guarantee will be honored under the following conditions:

• You must meet all 31+ Guarantee requirements and submit an official ACT score report with a composite score of 26 or higher before beginning prep (remember that “dissatisfactory” here means a composite score below 31, not merely below your starting score).

• The guarantee is restricted to one refund per household, per family, and per person, and may be invoked only once per student across their lifetime on the platform.

If the above conditions are satisfied, the student qualifies for a 100 % money‑back guarantee (subject to the bad‑faith provision). Upon refund, all online‑content access will terminate and any unused tutoring sessions will be void.

“Bad‑faith behavior” means any attempt to abuse this policy, including but not limited to providing falsified or doctored score reports or trying to invoke the guarantee more than once per household, family, or person.

Please note that you may not be eligible for 31+ Guarantee benefits if you, a member of your family, or anyone in your household has ever used the 31+ Guarantee. The 31+ Guarantee may be invoked only once per student across their lifetime on the platform, and only once per household.

For all other program purchases, a 2‑Point Improvement Guarantee will be honored under the following conditions:

• You must have taken an official ACT test prior to purchase and submitted that official score report to us. The score should be below a score of 33.

• You must engage in consistent practice — defined as spending at least 60 minutes a day in the program, using Score Boosters, asking questions when needed, completing a minimum of two full‑length practice tests, and reaching roughly 80 % mastery on the skills being tested.

If, after two weeks of consistent practice, you have not improved by at least two points in any ACT section, we will refund the full purchase price for that two‑week period upon request.

Score‑improvement claims are based on user testimonials and may not be typical. We reserve the right to verify compliance and may request additional documentation to prevent abuse. This guarantee is void where prohibited and may be modified or discontinued at our sole discretion. The guarantee is not valid for students that scored above 33 on their official ACT test. This guarantee is restricted to one refund per household, per family, and per person, and may be invoked only once per student across their lifetime on the platform. Our goal is your satisfaction and success.

Mastery plans — “English Problem Pack,” “Math Problem Pack,” “Reading Problem Pack,” “Science Problem Pack,” and “Complete Mastery Bundle” — and any monthly subscription must be canceled at least one day before the next billing date to avoid charges for the following month.

Referral & Affiliate Program

the5academy.com offers a referral program through which existing users may earn rewards for referring new users who sign up and purchase a paid plan. Each pair of qualifying referrals earns the referrer one randomized reward draw. Approximately ninety‑nine percent (99%) of draws yield one (1) free month of the Starter subscription tier; the remaining draws may yield one (1) free month of the Pro subscription tier. Rewards are issued as one‑time, non‑transferable service credits applied at checkout, have no cash value, cannot be combined with other promotional coupons unless expressly stated, and expire if unused within ninety (90) days of issuance.

Self‑referrals, referrals between accounts sharing the same email address or payment method, and any referrals obtained through misleading, unsolicited, or otherwise prohibited solicitation are not eligible and may result in forfeiture of accrued rewards. 5 Academy LLC reserves the right to modify, suspend, or terminate the referral program at any time, and to revoke any reward issued in error or in violation of these terms. Participation in the referral program does not establish an employment, agency, partnership, joint venture, or franchise relationship between you and 5 Academy LLC. You are responsible for any tax obligations arising from rewards received.

Links to Third Party Sites/Third Party Services

the5academy.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of 5 Academy LLC and 5 Academy LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 5 Academy LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 5 Academy LLC of the site or any association with its operators.

Certain services made available via the5academy.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the the5academy.com domain, you hereby acknowledge and consent that 5 Academy LLC may share such information and data with any third party with whom 5 Academy LLC has a contractual relationship to provide the requested product, service or functionality on behalf of the5academy.com users and customers. 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use the5academy.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to 5 Academy LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of 5 Academy LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. 5 Academy LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of 5 Academy LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of 5 Academy LLC or our licensors except as expressly authorized by these Terms. 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

5 Academy LLC has no obligation to monitor the Communication Services. However, 5 Academy LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 5 Academy LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

5 Academy LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 5 Academy LLC's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 5 Academy LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, 5 Academy LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized 5 Academy LLC spokespersons, and their views do not necessarily reflect those of 5 Academy LLC. 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

Materials Provided to the5academy.com or Posted on Any 5 Academy LLC Web Page

5 Academy LLC does not claim ownership of the materials you provide to the5academy.com (including feedback and suggestions) or post, upload, input or submit to any 5 Academy LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting 5 Academy LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

Tutoring Session Policy

Tutoring sessions within all programs are 15 minutes in length. It is possible to schedule multiple sessions back-to-back, in the event that the student wants a combined, longer session. For any tutoring session promotion a user decides to take advantage of, the user must notify 5 Academy tutors of their choice to claim their free tutoring session(s) within 7 days of making their purchase. This notification can be via email ([email protected]) or via 1-1 communication in a tutoring session. 

 

If a student does not join a tutoring call within 5-10 minutes of the call's scheduled time, it is assumed the student has abandoned the call, and the tutoring session will either be rescheduled by a staff member or the student's tutoring session is considered consumed, and counts towards the student's number of available tutoring sessions, including paid and free. Free rescheduling of free or paid tutoring sessions in the event of a no-show is NOT a part of 5 Academy's services, and is ONLY done at the discretion of 5 Academy's staff. 

For individuals who have purchased a 5 Academy offering where tutoring sessions are included, please note any unused tutoring sessions will be void upon the expiration/cancellation of said offering.

For individuals who purchased the "Complete Mastery Bundle", please note that tutoring sessions do not carry over from month to month.

Skill/Section Mastery plans are "English Problem Pack", "Math Mastery Plan", "Reading Problem Pack", and "Science Problem Pack".

No compensation will be paid with respect to the use of your Submission, as provided herein. 5 Academy LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 5 Academy LLC's sole discretion. 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

Third Party Accounts

You will be able to connect your 5 Academy LLC account to third party accounts. By connecting your 5 Academy LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

Web Scrapping/Content Distribution

Web scrapping and unauthorized content distribution of 5 Academy LLC of any kind is strictly prohibited. Any individual/entity that attempts to distribute 5 Academy LLC content without consent or scrape 5 Academy content may have their access terminated and/or be liable for damages.

International Users

The Service is controlled, operated and administered by 5 Academy LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 5 Academy LLC Content accessed through the5academy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Indemnification

You agree to indemnify, defend and hold harmless 5 Academy LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 5 Academy LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 5 Academy LLC in asserting any available defenses. 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and 5 Academy LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 5 ACADEMY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

5 ACADEMY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 5 ACADEMY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 5 ACADEMY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 5 ACADEMY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Virtual Tutor 

We have introduced a Virtual Tutor to provide feedback and tips on demand for our students. This system relies on an LLM that has been tweaked based on our prep experience. Although the LLM, is not infallible, we believe it is a useful tool for our students. We do not guarantee the accuracy of the LLM's responses, and we are not liable for any actions taken based on the LLM's responses. By using the Virtual Tutor you agree to allow us to further improve our product for future students via access to your chat messages and image uploads. By uploading an image to Virtual Tutor, you affirm to 5 Academy that you have the right to use the image and allow 5 Academy to use the image as well to improve its product.

Termination/Access Restriction 

5 Academy LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and 5 Academy LLC as a result of this agreement or use of the Site. 5 Academy LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 5 Academy LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 5 Academy LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 5 Academy LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 5 Academy LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms

5 Academy LLC reserves the right, in its sole discretion, to change the Terms under which the5academy.com is offered. The most current version of the Terms will supersede all previous versions. 5 Academy LLC encourages you to periodically review the Terms to stay informed of our updates. 

Additional Notes:

ACT® is a register trademark of ACT Incorporated™. ACT Incorporated™ is not affilated with this site or its owners in any way and does not endorse it.

Contact Us

5 Academy LLC welcomes your questions or comments regarding the Terms: 

Email Address: 

Telephone number: 

1 (608) 620-5812

Effective as of July 10, 2018

Updated on April 15, 2026