Mathspace Terms and Conditions

Effective date: July 31, 2021

Thank you for visiting our website. This website is owned and operated by Mathspace Inc. (EIN: 35 2505886). By accessing and/or using this website and our services, you agree to these terms and conditions, which include our Privacy Policy (available at https://mathspace.co/us/privacy-policy and attached) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website or services if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Mathspace Inc.

In these Terms, there are two categories of "subscriber":

Personal Users (Learners and parents/guardians who directly subscribe via the Mathspace website with no link to a school); and
School Users (Learners, educators and parents or guardians linked to a Mathspace for Schools account purchased by their school).

In the case of a Learner who is not at the time 18 years of age, permission must be sought by that Learner's school or by a parent, tutor, educator, guardian or carer of that Learner before signing up to this website or to use our services.

Who is responsible for what you see and do on Mathspace?

Any information or content publicly posted or privately transmitted through our services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. Mathspace will not be liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

Mathspace does not and cannot control the content of posts by individual users. As such, all users and subscribers release Mathspace from all liability unrelated to its actions or omissions which it cannot control and acknowledge that Mathspace does not have a duty to take action regarding how that content is interpreted.

Each subscriber accepts that if Mathspace becomes aware of any posts which may be considered inappropriate, it will remove them immediately without the consent of the user being obtained.

You, as a user, are responsible for the content you contribute to our website. You warrant to keep your registration information accurate and current.

Warranties

Each subscriber warrants that all information contained in any application for registration is true and acknowledges that it is their responsibility to advise Mathspace within seven (7) days of that information changing in any way including, but not limited to, updating email addresses by means of the relevant link.

Each subscriber will take, and where applicable will ensure that the relevant user takes, all reasonable steps to prevent the user's password becoming known to any other person. The subscriber will advise Mathspace immediately if the subscriber or the relevant user becomes aware of any unauthorized use of the password.

Special provisions / Copyright

Each subscriber acknowledges that any website material is the property of Mathspace and is the copyright of Mathspace. Except as permitted by law or these Terms, the subscriber will not, and where applicable the subscriber will procure that the relevant user will not, allow any other person to use the website or reproduce or otherwise transmit any website material in any way whatsoever without first obtaining the written permission of Mathspace. Mathspace reserves its entitlements under Copyright Law of the United States (Title 17) and Related Laws Contained in Title 17 of the United States Code. [For information about Copyright Law of the United States (Title 17) and Related Laws Contained in Title 17 of the United States Code visit http://www.copyright.gov/title17/].

An educator user may use website material for classroom instructional purposes such as projecting it onto a whiteboard, displaying it by means of other electronic media or printing it and distributing it to his or her students. However, the use of the website materials by an educator user, for any purpose other than the instruction of the students in their class at a time when their right to use the website materials is current, will constitute a breach of these Terms.

Disputes

Each subscriber and relevant user will resolve any claim, cause of action or dispute it has with us arising out of or relating to these Terms or Mathspace exclusively in the State of New York, and agrees to submit to the exclusive jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New York will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

Indemnity

Each subscriber agrees to indemnify and hold Mathspace, its affiliates, officers, agents, employees, contractors and partners harmless from and against any and all claims, liabilities, damages, losses and legal costs arising from or in any way related to any third party claims relating to (a) the user's and/or subscriber's use of our services (including any actions taken by a third party using the user's or subscriber's account), and (b) breach of these Terms. In the event of such a claim, suit or action (Claim), we will provide notice of the Claim to the contact information we have for your account (failure to deliver will not eliminate your indemnification obligations contained herein).

Each subscriber acknowledges that circumstances may exist where damages are not an appropriate remedy and Mathspace is entitled to obtain injunctive relief.

If at any time a subscriber or relevant user is referred through our website to any other publication or information source, that referral will be made by Mathspace in good faith. However, Mathspace accepts no responsibility for any error in the information supplied by such other publication or source.

Payments

There are three products on Mathspace: (1) Mathspace Digital Home Tutor Personal Accounts (2) Waypoints by Mathspace and; (3) Mathspace for Schools. The terms and conditions for each product vary. Please ensure you read the section that is relevant to you.

Each subscriber (on its own behalf and on behalf of the relevant user) acknowledges that Mathspace will collect personal information about subscribers and users which is disclosed in an application for the purposes of the operation of the website and provision of its services, as outlined in our Privacy Policy and authorizes Mathspace to do so.

Mathspace may terminate its arrangements with a subscriber or user immediately if at any time a subscriber or user is in breach of the subscriber's or user's obligations (including as a result of some act or omission by the subscriber or user).

Personal Digital Home Tutor Subscriptions

A personal Digital Home Tutor subscription allows a student to access the eBook, the adaptive learning engine and we will track data on the student's progress. A subscription may be procured through the sign up or within the settings section of the Mathspace product. Subscriptions commence when we make them available to student for the duration of the calendar year. They incur an annual payment.

Credit/Debit card is the only accepted payment method for personal subscriptions. Where applicable, Mathspace will debit the credit card, particulars of which are given in an application, with a subscription fee as identified in the application. All payments are processed through Stripe's secure payment gateway. Mathspace does not directly collect or store any credit card information.

Each subscriber (on its own behalf and on behalf of the relevant user) acknowledges that Mathspace will collect personal information about subscribers and users which is disclosed in an application for the purposes of the operation of the website and provision of its services as outlined in the Privacy Policy, and authorizes Mathspace to do so.

Waypoints by Mathspace Subscriptions

Waypoints by Mathspace gives students access to the adaptive assessment engine and we will track data on the student's progress and growth. A Waypoints subscription may be procured through the sign up section of the Mathspace product.

Each subscriber (on its own behalf and on behalf of the relevant user) acknowledges that Mathspace will collect personal information about subscribers and users which is disclosed in an application for the purposes of the operation of the website and provision of its services as outlined in the Privacy Policy, and authorizes Mathspace to do so.

Mathspace for Schools Subscriptions

For our school customers we enter into separate / bespoke ordering arrangements.Please note that, in the United States, our services come with guarantees that cannot be excluded under United States consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Bureau of Consumer Protection and overseen by the Federal Trade Commission (FTC). Any and all other warranties or conditions which are not guaranteed by the Bureau of Consumer Protection and overseen by the Federal Trade Commission (FTC) are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Termination

Each subscriber and/or user acknowledges that Mathspace is entitled to terminate its arrangement with them for cause if there has been a breach of these Terms, the Privacy Policy or otherwise there is a risk of possible legal exposure for us. You will be notified via email or the next time you attempt to access your account.

Each subscriber and/or user acknowledges that termination for any reason will not entitle the subscriber to a refund of any payments made to Mathspace prior to the date of such termination.

Any notice given under these Terms must be in writing. Notices given to Mathspace should be forwarded to [email protected] and notices to be given to a subscriber or user will be forwarded to the email address specified in that person's application.

Mathspace will refund any subscriber payments upon receipt of a written submission from the subscriber that the website or services do not deliver that which they claim to provide. Refunds will not be given where the subscriber is using systems other than those identified in the 'Systems requirements' or where the subscriber is misusing the system.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using this website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
posting or transmitting to this website any non-authorized material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Warranties and disclaimers

To the maximum extent permitted by law, including the laws managed by the Bureau of Consumer Protection and overseen by the Federal Trade Commission (FTC), we make no warranties or representations about this website or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the laws managed by the Bureau of Consumer Protection and overseen by the Federal Trade Commission (FTC), in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Reservation of Rights

Mathspace reserves the right to alter its product and pricing systems at any time.

Changes and Updates to these Terms

Mathspace will contact users via email of any changes to these terms.

Enquiries

All enquiries and comments regarding these Terms should be made to:

Mathspace Inc.

EIN: 35 2505886

[email protected]