Published: 2020-03-12

Terms and Conditions

Thank you for using MathMatize!

These Terms of Service ("Terms") govern your access to and use of the MathMatize website and APIs (“MathMatize” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using MathMatize, you agree to be bound by these Terms, and our Privacy Policy

1. Our Service

MathMatize is a tool to help you (as a “Student”) learn math and track your progess. To do that we need to be able to identify you and your activity on our Service.

In addition MathMatize is a tool to help “Organizers” (for example teachers, professors, or instructors) create a “Classroom” for their Students to join and in which they can deliver math resources they deem relevant to the Students and if Organizers choose to, monitor their Students activity and interactions with the Service. To do this Organizers need to be able to identify the Students in their Classroom and see how they are interacting with the Service.

2. Using MathMatize

Who can use MathMatize

You may use MathMatize only if you can legally form a binding contract with MathMatize, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 13 is not allowed. You may only use MathMatize if you are over the age at which you can provide consent to data processing under the laws of your country.

Our License to you

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.

3. Your Content

Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make MathMatize better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission (through on site submission or email), MathMatize doesn’t waive any rights to use similar or related feedback previously known to MathMatize, or developed by its employees, or obtained from sources other than you.

4. Copyright Policy

MathMatize adheres to the Digital Millennium Copyright Act (the “DMCA”), which requires that online service providers such as MathMatize have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.

5. Security

We care about the security of our users. While we work to protect the security of your content and account, MathMatize can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

6. Third Party Links, Sites and Services

MathMatize may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by MathMatize. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from MathMatize, you do so at your own risk and you agree that MathMatize has no liability arising from your use of or access to any third party website, service, or content.

7. Termination

MathMatize may terminate or suspend your right to access or use MathMatize for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.

8. Indemnity

You will indemnify and hold MathMatize, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

9. Disclaimers

Our Service and all content on MathMatize is provided on an "as is" basis without warranty of any kind, whether express or implied. MathMatize specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

10. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MATHMATIZE OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO MATHMATIZE HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND MATHMATIZE REASONABLE CONTROL. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. Choice of Law and Arbitration

As the offices of MathMatize reside in Ontario, this Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and treated in all respects as an Ontario contract. The parties to this Agreement hereby irrevocably and unconditionally attorn to the [exclusive or non‐exclusive] jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.

12. General terms

Notification procedures and changes to these terms

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use MathMatize after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using MathMatize.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MathMatize without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire agreement/severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with MathMatize shall constitute the entire agreement between you and MathMatize concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MathMatize’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Parties

These terms are a contract between you and 11121758 CANADA INC (operating as MathMatize), 60 Saint George Street Suite 331, Toronto, On M5S 1A7, Canada.