Valid from 25 september 2019
- Amendments to the Agreements
- Use of Mathleaks
- Intellectual property rights
- Payments and cancellation
- Using our service
- Third Party Applications and Devices
- User generated content
- Rights you give us
- User policies
- Infringement and notification of user content
- Limitations and changes to the Service
- Export control
- Term and termination of the Agreements
- Warranty and disclaimer
- Third party rights
- Complete Agreements
- Invalidity and waiver of rights and interpretation
- Indemnity commitment
- Applicable law, mandatory arbitration and forum
- Contact us
- iTunes and App Store
- Describe your legal rights vis-à-vis Mathleaks;
- Explain the rights you give us when using Mathleaks;
- Describe the rules everyone needs to follow when using Mathleaks; and
- Contains a waiver of class action and an agreement that any disputes that may arise should be resolved through arbitration.
Thank you for choosing Mathleaks (“Mathleaks”, “we”, “us”, “our”). By registering for or otherwise using the Mathleaks-Service, including all associated functions and features, websites and user interfaces, as well as content and software associated with our services (collectively hereinafter referred to as the “Mathleaks-Service” or “the Service”), or to access any content or material made available by Mathleaks via the Service (the “Content”) you enter into a binding agreement with Mathleaks AB, corporate registration number 556899-6994, Floragatan 12, 11431 Stockholm. Your agreement with us includes these Terms and any additional terms that you agree to, as set forth in Section 20 Complete agreement below, other than terms with third parties (collectively referred to as the “Agreements”). The Agreements contain conditions regarding future amendments to the Agreements, export control, automatic renewals, limitations of liability, privacy protection, waiver of group action, and dispute settlement through arbitration instead of court. If you want to review the terms of the Agreements, you can find the current version of the Agreements on the Mathleaks website. You acknowledge that you have read and understood the Agreements, accept the Agreements, and agree to be bound by them. If you are not prepared to be bound by (or unable to fulfill) the Agreements, you will not be able to use the Mathleaks-Service or access any content. In order to use the Mathleaks-Service and access the Content, you must have the power to enter into a binding agreement with us and not be prevented from doing so under applicable law, and be resident in a country where the Service is available. You also promise that all information you send to Mathleaks in connection with the registration is true, accurate and complete and you undertake to ensure that it continues to be so.
2. Amendments to the Agreements
From time to time, we may make changes to the Agreements. When we make significant changes to the Agreements, we will give you a clear message that is appropriate given the circumstances, e.g. by displaying a clear message within the Service or by emailing you. In some cases, we will notify you in advance. Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Therefore, we kindly request you to read all such messages carefully. If you do not wish to continue using the Service in accordance with the new version of the Agreements, you may cancel the Agreements by contacting us via email@example.com.
3. Use of Mathleaks
3.1 Our services and Premium
Mathleaks provides both solutions for exercises in the most common textbooks and e-learning courses, Mathleaks Courses (with theory, examples of how the theory should be applied and exercises with related answer, clue and solution) in mathematics for the high school and in some countries in courses at the end of middle school and the beginning of university/college studies. Both Mathleaks textbook solutions and Mathleaks Courses can be used mobile. Mathleaks Courses can also be used on a computer. The Mathleaks-Service is free of charge except for solutions to more difficult exercises that require a subscription (“Paid Subscription”). The Paid Subscription is called Premium (“Premium”). You can read more about our services by visiting our website. We reserve the right at any time to change, terminate or otherwise correct our offered subscriptions and our offers in accordance with the Terms. Our services are sold both to individual users (“users”, “you”, “your”) and to schools that purchase Premium for a number of users. Because schools have different scope and arrangements for their procurement of Premium, special agreements are established for these procurements.
3.2 Trial Subscription
From time to time, we, or others on our behalf, may offer to try out variants of Paid Subscriptions for a specified period of time, with no claim for payment or at a reduced price (a “Trial Subscription”). Mathleaks reserves the right to determine your right to a Trial Subscription and to cancel or modify a Trial Subscription at any time without notice and without liability, to the extent permitted by applicable law. For some Trial Subscriptions, we will require you to submit your payment details to start the Trial Subscription. By providing such information, you agree that we may automatically start charging you for the Paid Subscription from the first day after the Trial Subscription is terminated, monthly recurrence or other interval that we notify you in advance. IF YOU DON NOT WANT TO PAY THIS FEE, YOU MUST CANCEL THE CURRENT PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL SUBSCRIPTION.
4. Intellectual property rights
As described in Section 6 Using our service, the Mathleaks-Service and Content are owned and managed by Mathleaks. Unless expressly stated otherwise by Mathleaks, all Content, including past, present and future versions, trademarks, service marks, company names, logos, domain names, source and object code, text, website design, logos, graphics, icons and images on book covers, as well as selection, assembly and arrangement thereof and “appearance and feel” of the Service, is Content owned, controlled or licensed by Mathleaks. The Content is protected from unauthorized use, copying and distribution through copyright, trademark and other laws, rules, regulations and treaties. All rights to images of books or other publications included in the Service are reserved by the copyright holders of such Content. Any unauthorized use of the Content is prohibited. Any unauthorized use of the Content displayed on the Service may infringe copyright, trademark and other applicable laws, rules, regulations and treaties and may result in criminal or civil penalties.
5. Payments and cancellation
A Paid Subscription, Premium, can be purchased from Mathleaks either (1) by paying a monthly subscription in advance or (2) by prepayment that gives you access to the Mathleaks-Service for a specified period of time (the “Prepaid Period”).
As the use of a Paid Subscription is usually started immediately after the purchase has been completed and when a Paid Subscription may have a relatively short subscription period, we do not apply the right of withdrawal.
5.2 Renewal and termination
Your Paid Subscription proceeds according to the subscription period you have chosen, regardless of whether it is canceled before the subscription period has expired. If your subscription has not been canceled 24 hours before the subscription period expires, the subscription is automatically extended by one and the same subscription period. The cancellation starts on the day after the last day of the current subscription period. Information on how to cancel your Paid Subscription both when purchasing through us or a third party as well as during or after the Trial subscription, can be found on our website under Support/Premium and codes. If, for your Paid Subscription, you cancel your payment or cancel your Paid Subscription and/or cancel any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us.
6. Using our service
The Mathleaks-Service and Content are the property of Mathleaks or Mathleaks’ licensor. We grant you a limited, non-exclusive, revocable license to use the Mathleaks-Service and a limited, non-exclusive, revocable license to use the Content for personal, non-commercial purposes (the “License”). This License is valid until terminated by you or Mathleaks. You promise and agree that you will use the Mathleaks-Service and the Content for your personal, non-commercial purposes and that you will not relay or transfer the Mathleaks-Service or the Content. Mathleaks software and Content are not sold or transferred to you and Mathleaks and its licensors retain ownership of all copies of Mathleaks software and Content even after installation on your personal computers, mobile phones, tablets, portable devices and/or other relevant devices (“Devices”).
All Mathleaks trademarks, service marks, company names, logos, domain names and all other parts of Mathleaks ́ trademarks (“Mathleaks Characteristics”) belong solely to Mathleaks or its licensors. The Agreements do not give you any rights to use any of Mathleaks’ Characteristics, either for commercial or non-commercial use.
7. Third Party Applications and Devices
8. User generated content
Mathleaks users may publish, upload and/or contribute (“post”) content to the Service (which may include images, text, messages, information, theory and exercises with solutions, descriptions and compilations and/or other types of content) (“User Content”). For the avoidance of misunderstanding, User Content includes content posted on the Forum and any other part of the Mathleaks-Service. You agree, with respect to all User Content that you post on Mathleaks, that (1) you have the right to publish such User Content and (2) such User Content, or Mathleaks use of such User Content under the Agreements, does not violate the Agreements or other rights set forth in the User Guidelines, applicable law or intellectual property rights, the right of publication, the right to name and image in advertising, or other rights of a third party, or imply that Mathleaks or any person would associate with or stand behind you or your User Content, unless you have received explicit written consent from Mathleaks or such person. Mathleaks may, but has no obligation to, monitor, review or edit User Content. In all cases, Mathleaks reserves the right to remove or disable access to any User Content for any reason, including User Content that, in Mathleaks’ opinion, violates the Agreements. Mathleaks may take these actions without notice to you or any third party. We have the right to freely remove or disable access to User Content and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for User Content that you post. Mathleaks is not responsible for User Content and does not support any opinion contained in any User Content. YOU ACCEPT THAT IF ANYONE FILES A LAWSUIT AGAINST MATHLEAKS RELATED TO USER CONTENT THAT YOU HAVE POSTED, YOU WILL INDEMNIFY AND HOLD MATHLEAKS HARMLESS FROM ALL DAMAGES, LOSSES AND COSTS OF ANY KIND (INCLUDING REASONABLE LEGAL FEES) AS A RESULT OF SUCH CLAIM, SO FAR WHICH IS PERMITTED BY LOCAL LAW.
9. Rights you give us
As a substitute for the rights granted to you under the Agreements, you grant us the right to (1) allow the Mathleaks-Service to use the processor, bandwidth and storage hardware on your device to facilitate the provision of the Service, (2) to send advertisements and other information to you and (3) let our partners do the same. In any part of the Mathleaks-Service, the Content that you access, including its selection and placement, may be affected by business considerations, including Mathleaks ́ agreements with third parties. You acknowledge that if you provide Mathleaks feedback, ideas or suggestions in connection with the Mathleaks-Service or Content (“Feedback”), your Feedback is not confidential and you agree that Mathleaks may use this Feedback without limitation and without payment to you. Feedback is considered to be a type of User Content.
You grant Mathleaks a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or in jurisdictions where this is not allowed, for a period equivalent to the term of the Agreements plus twenty (20) years), irrevocable, fully paid, global license to use, reproduce, make available to the public (for example, perform or display), publish, translate, modify, create secondary works of, and distribute all of your User Content in connection with the Service using any kind of media, both alone and in combination with other content or material in any way and by any means, method or technology, whether they exist today or emerge later. Except for the rights expressly granted herein, you retain ownership of all rights, including intellectual property rights, to the User Content. Where applicable and to the extent permitted by applicable law, you also agree to waive all “non-proprietary rights” or equivalent under applicable law, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to infringing use of such
10. User Guidelines
Mathleaks respects intellectual property rights and expects you to do the same. We have established some basic rules that you need to follow when using the Service, to ensure that Mathleaks continues
to be a pleasant service for everyone. You must follow these rules and should encourage other users to do the same. The following activities are not allowed under any circumstances:
- To copy, transfer, reproduce, transmit, display to the public, transfer or make any part of the Mathleaks-Service or Content available to the public, or otherwise use the Mathleaks-Service or Content in any manner not expressly permitted under the Agreements or applicable law, or which otherwise infringe intellectual property rights (such as copyrights) in the Mathleaks-Service or the Content or any part thereof;
- to use the Mathleaks-Service to import or copy local files that you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from any authorized device to any other device in any way;
- perform reverse engineering, decompile, disassemble, modify, or create secondary works based on the Mathleaks-Service, the Content or any part thereof, unless permitted by applicable law (If
applicable law allows you to decompile any part of the Mathleaks-Service or Content to access the information needed to create an independent program that can be used with the Mathleaks-Service
or with another program, the information you access through such activities may (a) be used only for the foregoing purpose , (b) is not disclosed or communicated, without Mathleaks’ prior written
consent, to any third party to whom it is not necessary to disclose or communicate for this purpose, and (c) is not used to create any part of the Mathleaks-Service or Content);
- circumvent any technology used by Mathleaks, its licensors or third parties to protect the Content or the Service;
- to sell, rent, license or lease any part of the Mathleaks-Service or Content;
- bypassing any territorial restrictions applied by Mathleaks or its licensors;
- artificially increasing the number of sessions/views, users, or otherwise manipulating the Service by (i) using a bot, script or other automated process; (ii) by providing or accepting any form of compensation (financial or otherwise); or (iii) by any other means;
- to remove or modify any copyright, trademark or other intellectual property notice contained in the Content or the Service or provided through the Mathleaks-Service (including when this is done to hide or change any proprietary or source information);
- giving your password to another person or using another person’s username and password;
- using crawlers on the Mathleaks-Service or otherwise using automated means (including so-called bots, scrapers and spiders) to view, access or collect information from the Mathleaks or Mathleaks-
- to sell a user account or otherwise accept or offer to receive any compensation, financial or otherwise, to affect the name of an account; or
- to artificially market the Content through automated tools or other means.
Please respect Mathleaks, the content owners and other users of the Mathleaks-Service. Do not engage in any activity, post any user content, and do not register and/or use a username that constitutes or contains material that:
- is offensive, abusive, abusive, pornographic, threatening or obscene;
- is illegal, or intended to promote or commit any illegal act, including infringement of intellectual property rights, the right to privacy and personal data, or Mathleaks’ or a third party’s right of ownership;
- contains your password or intentionally contains another user’s password or intentionally contains third party personal data or is intended to obtain such personal data;
- includes malicious content such as malware, trojans or viruses, or otherwise interferes with any user’s access to the Service;
- aims to harass or bully other users or actually does;
- means that you are pretending to be or are related to another user, person or entity, or are otherwise fraudulent, false, misleading or incorrect;
- includes the transmission of unsolicited mass e-mails or other forms of spam (“spam”), chain letters or the like;
- includes commercial or sales activities such as advertising, promotions, contests, sweepstakes or pyramid schemes, which are not expressly approved by Mathleaks;
- links to, refers to or otherwise markets commercial products or services, other with Mathleaks express approval;
- interferes with or otherwise adversely affects the Mathleaks-Service or otherwise manipulates, infringes or attempts to investigate, scan or test for vulnerabilities in the Service or Mathleaks’ computer systems, networks, rules of use, or any of Mathleaks’ security components, authentication measures, or other safeguards such as applies to the Service, the Content or any part thereof; or
- in Mathleaks’ opinion, is in violation of the Agreements.
You acknowledge and agree that if you post such User Content that violates these User Guidelines (or that Mathleaks may reasonably assume that you violate these User Guidelines), we may
immediately terminate or close your Mathleaks account. You also agree that Mathleaks may, at its sole discretion, including breach of the Agreements, retract your username. Please be careful to make thoughtful choices when using the Mathleaks-Service and when sharing information in the Service. The Mathleaks-Service includes interactive features, including the ability to post User Content, share content and make certain information about you publicly available. Remember that information that you have shared or that is publicly available may be used and shared by other users on Mathleaks or the Web, so use Mathleaks carefully and pay attention to your account settings. Mathleaks has no responsibility for your choice to post material on the Service. Your password protects your user account and you are solely responsible for keeping your password secret and secure. You understand that you are responsible for all use (including unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or you
believe that a third party has unauthorized access to your account, you must notify us immediately and change your password as soon as possible.
11. Infringement and notification of User Content
Mathleaks respects the rights held by intellectual property owners. If you believe that any Content infringes your intellectual property or other rights, please notify us at firstname.lastname@example.org. If a
copyright owner notifies Mathleaks that any Content infringes, Mathleaks may freely refuse to remove such Content without first notifying the user or other party that provided or posted the Content. If such user or other party believes that the Content does not infringe, it may, under certain conditions, send a counter notification to Mathleaks with a request to restore the deleted content which Mathleaks may, in its sole discretion, choose to heed or not. If you find that any Content does not comply with our User Guidelines, please contact us at email@example.com.
12. Limitations and changes to the Service
Mathleaks will take reasonable steps to ensure that the Mathleaks-Service works. However, from time to time, certain technical complications, maintenance or testing, or updates required to reflect changes in relevant laws and other regulatory requirements, may result in temporary interruptions. Mathleaks reserves the right to periodically and at any time change or cancel, temporarily or permanently, features and properties of the Mathleaks-Service, with or without notice, all without any liability to you except when prohibited by law, for valid reasons such as interruption, alteration or termination of the Mathleaks-Service or any function or property thereof, or, if necessary, repair, maintenance or improvement of any existing features or features of the Service or to implement scientific and technical developments or to ensure the operation or security of the Service, legal and regulatory reasons.
Notwithstanding the above, if you have paid Mathleaks in advance for Paid Subscriptions which Mathleaks permanently terminates before the end of the Prepaid Period (as defined in Section 5 Payments and termination), Mathleaks will reimburse you the fees you paid for the Prepaid Period after such permanent closing. You understand, agree and accept that Mathleaks will take reasonable steps to, but have no obligation to maintain, provide support for, upgrade or update the Service, or to provide any or any specific content through the Service. Mathleaks and/or the owners of any Content may, from time to time, remove such Content without prior notice. This section will apply to the extent permitted by applicable law.
At Forum you can ask questions about the mathematical content of our textbook solutions and Mathleaks Courses. We will answer your questions shortly as we know it is important for you to progress in your studies.
If you have questions other than those concerning the mathematical content of our textbook solutions and Mathleaks Courses, please contact us at firstname.lastname@example.org. Schools should contact us via email@example.com. Frequently asked questions and answers to them can be found on our website under Support.
15. Export control
Mathleaks’ products may be subject to US export and re-export laws and regulations or similar laws in other jurisdictions, including the Export Administration Regulations (“EAR”) enforced by the United States Department of Commerce, trade and financial penalties maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”) in the United States, and International Traffic
in Arms Regulations (“ITAR”) maintained by the Department of State in the United States. You warrant that (1) you are not in any country where the United States has embargoed goods or otherwise applied financial penalties, and (2) are not a denied person provided for in applicable export and re-export laws or regulations or similar laws such as are applicable in other jurisdictions. You agree to comply with all applicable export and re-export laws and regulations, including EAR, trade and financial penalties held by OFAC and ITAR. Specifically, you agree that you may not – directly or indirectly – sell, export, re-export, transfer, redirect, or otherwise dispose of any products, software or technology (including products derived from or based on such technology) obtained from Mathleaks under the Agreements or any destination or person thereof may be prohibited by applicable laws or regulations in the United States or any other jurisdiction without obtaining prior consent from the competent authorities, as required by these laws and regulations.
16. Term and termination of the Agreements
The Agreements will continue to apply to you until terminated by you or Mathleaks. However, you acknowledge and agree that the perpetual license granted by you with respect to User Content, including Feedback, is irrevocable and will therefore continue to apply upon termination of any of the Agreements, for any reason. Mathleaks has the right to terminate the Agreements or suspend your access to the Mathleaks-Service at any time, including in the event that you actually have or are suspected of using the Mathleaks-sService and/or Content unauthorized, or have not complied with the Agreements or if we terminate the Service and/or the Content (in which case we shall provide notice thereof in reasonable time prior to termination). If you or Mathleaks terminate the Agreements, or if Mathleaks terminates your access to the Mathleaks-Service, you agree that Mathleaks, to the maximum extent permitted by applicable law, will have no liability or obligation to you and that Mathleaks will not refund any amounts you have already paid. You may also terminate
the Agreements at any time. If you want to know how you can cancel your Mathleaks account, you can find information about this under “Support” on our website or contact firstname.lastname@example.org. This section will apply to the extent permitted by applicable law. Sections 7, 8, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 herein, as well as all other sections of the Agreements which, either expressly or by nature, must remain in force also after termination of the Agreements, shall continue to apply after termination.
17. Warranty and disclaimer
YOU UNDERSTAND AND ACCEPT THAT THE MATHLEAKS-SERVICE IS PROVIDED “IN EXISTING CONDITION” AND “AS MADE AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS OF ANY KIND. MATHLEAKS AND ALL CONTENT OWNERS MAKE NO REPRESENTATIONS WHATSOEVER AND DISCLAIM ALL GUARANTEES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER MATHLEAKS NOR ANY CONTENT OWNER GUARANTEES THAT THE MATHLEAKS-SERVICE IS FREE FROM MALICIOUS SOFTWARE OR OTHER MALICIOUS COMPONENTS. NEITHER DOES MATHLEAKS MAKE ANY REPRESENTATIONS ABOUT, AND DOES NOT GUARANTEE, ENDORSE AND ASSUME NO RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THEIR CONTENT), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE MARKETED OR OFFERED BY A THIRD PARTY IN OR THROUGH MATHLEAKS-SERVICE OR ANY LINKED SITE, OR DISPLAYED IN ANY BANNER OR OTHER ADVERTISEMENT, AND MATHLEAKS HAS NO RESPONSIBILITY FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY SUPPLIERS IN RELATION TO ANY OF THE FOREGOING. NO ADVICE AND NO INFORMATION YOU HAVE RECEIVED FROM MATHLEAKS, ORALLY OR IN WRITING, SHALL BE DEEMED TO CREATE ANY WARRANTY OBLIGATION FOR MATHLEAKS IN THIS REGARD. WHEN YOU USE THE MATHLEAKS-SERVICE, YOU MAY HAVE BE GRANTED ACCESS TO FILTERING FEATURES FOR EXPLICIT CONTENT, BUT USING THESE FEATURES MAY STILL RESULT IN CERTAIN EXPLICIT CONTENT BEING MADE AVAILABLE AND YOU CANNOT RELY ON SUCH FEATURES
TO FILTER OUT ALL EXPLICIT CONTENT. WITHOUT PREJUDICE TO THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING MATHLEAKS ́ LIABILITY IN THE EVENT OF TOTAL OR PARTIAL FAILURE OR OMISSION IN THE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS IN CONNECTION WITH THE PROVISION OF THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WHAT SAID IN THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU ACCEPT THAT IF YOU HAVE PROBLEMS WITH OR ARE DISSATISFIED WITH THE MATHLEAKS-SERVICE, YOUR RIGHTS ARE LIMITED TO UNINSTALLING ALL MATHLEAKS SOFTWARE AND DISCONTINUE USING MATHLEAKS-SERVICE. YOU AGREE THAT MATHLEAKS HAS NO OBLIGATION OR LIABILITY FOR ANY THIRD PARTY APPLICATIONS OR THEIR CONTENT MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE MATHLEAKS-SERVICE, AND ALTHOUGH YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR RIGHTS IN RELATION TO MATHLEAKS, IF YOU HAVE PROBLEMS WITH OR ARE DISSATISFIED WITH THIRD PARTY APPLICATIONS OR THEIR CONTENT, ARE LIMITED TO UNINSTALLING AND/OR STOPPING USING SUCH THIRD PARTY APPLICATIONS. MATHLEAKS AND ITS EXECUTIVES, SHAREHOLDERS, EMPLOYEES, MANAGEMENT, GROUP COMPANIES, SUCCESSORS, ACQUIERS, SUPPLIERS OR LICENSORS ARE NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR:
(1) ANY LOSS OR DAMAGE (INCLUDING INDIRECT, SPECIAL, PUNITIVE, DETERRENT OR CONSEQUENTIAL) THAT IS NOT FORESEEABLE IF IT IS EITHER OBVIOUS THAT IT WILL OCCUR OR IF, AT THE TIME OF ENTERING INTO THE AGREEMENTS, BOTH WE AND YOU WERE ABLE TO COUNT THAT IT WOULD OCCUR;
(2) ANY; (A) NON-USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) DECREASED PROFITS; OR (e) DAMAGE TO DEVICES, TO THE EXTENT THAT YOU COULD HAVE AVOIDED SUCH DAMAGE BY
FOLLOWING OUR ADVICE ON CONDUCTING UPDATES TO THE SERVICE OR THE CONTENT OR IF SUCH DAMAGE WAS CAUSED BY FAILURE TO FOLLOW THE INSTALLATION INSTRUCTIONS PROPERLY OR NOT HAVING THE MINIMUM SYSTEM REQUIREMENTS THAT WE HAVE PROPOSED.
IN ALL CASES WHERE DAMAGE HAS ARISEN AS A RESULT OF THE FAILURE TO USE THE MATHLEAKS-SERVICE, DEVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATIONS ́ CONTENT, FOR WHATEVER LEGAL BASIS AND REGARDLESS OF WHETHER MATHLEAKS HAS BEEN WARNED THAT THESE DAMAGES MAY OCCUR, AND EVEN IF IT MEANS THAT THE ACTUAL PURPOSE OF REMEDIES IS NOT OBTAINED.
(3) AMOUNTS WITH RESPECT TO THE TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE MATHLEAKS-SERVICE, THIRD PARTY APPLICATIONS OR CONTENT OF THIRD PARTY APPLICATIONS, IN
EXCESS OF THE AMOUNTS PAID TO MATHLEAKS DURING THE PRECEDING TWELVE MONTHS; OR
(4) OMISSION OR FAILURE TO CARRY OUT OR DELAY IN RELATION TO THE OBLIGATIONS ARISING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY OTHER CAUSE WHICH COULD NOT REASONABLY BE EXPECTED OR BEYOND THE REASONABLE CONTROL OF MATHLEAKS.
Nothing in the Agreements shall imply a waiver or limitation of Mathleaks ́ liability for fraud, fraudulent deception, death or personal injury caused by negligence, and, if required by applicable
law, gross negligence. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION THAT PRESCRIBE REMEDIES IN ADDITION TO THOSE LISTED ABOVE. If you have a complaint regarding the Mathleaks-Service, you must contact us at the address listed in section 25 Contact us.
19. Third party rights
You acknowledge and agree that the Agreements create rights for the Content owners and certain distributors (such as vendors of trading platforms for apps), and that they have the right to apply the Agreements directly to you. Except as set forth in this section, the Agreements are not intended to grant rights to anyone other than you and Mathleaks, and the Agreements shall in no event create any third party rights. In addition, the right to terminate, cancel or consent to any change, waive any right or settlement under the Agreements do not require the consent of any other person. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you confirm that you have read, understood and agree to the following notice regarding Apple. The Agreements only apply between you and Mathleaks, not with Apple, and Apple is not responsible for the Service and its Content. Apple has no obligation whatsoever to provide any maintenance and support services with respect to the Service. In the event of a failure of the Service that does not fulfill any applicable warranty, you may notify Apple and Apple will reimburse any amount you have purchased the App for, and, to the maximum extent permitted by applicable law,
Apple has no other warranty obligation with respect to the Service. Apple is not responsible for responding to any claims by you or any third party with respect to the Service or your holding and/or your use of the Service, including, but not limited to (1) claims for product liability, (2) claims that the Service does not comply with any applicable legal or regulatory requirement and (3) claims arising under the consumer protection act or similar legislation. Apple assumes no responsibility to investigate, defend, settle or secure liability in the event of any third party’s claim that the Service and/or your ownership and use of the App infringe the third party’s intellectual property rights. You agree to comply with all applicable third-party terms and conditions when using the Service. Apple and Apple’s subsidiaries are eligible third parties under the Agreements, and upon your approval of the Agreements, Apple will have the right (and will be deemed to have accepted the right) to apply the Agreements to you as a legitimate third party under the Agreements. You hereby
warrant and warrant that (1) you are not in a country that is subject to an embargo issued by the United States Government or that the United States Government is considered a “terrorist-supporting” country and (2) that you are not is included in any of the US Government’s lists of banned or restricted persons.
20. Complete Agreements
Except as provided in this section or expressly agreed in writing between you and Mathleaks, the Agreements constitute all terms agreed between you and Mathleaks (whether written or oral), and supersede all prior agreements pursuant to the Agreements. However, please note that some parts of your use of the Mathleaks-service may be governed by additional agreements. This may include, for example, access to the Mathleaks-Service as a result of free or discounted Trial Subscriptions and contracts for schools’ procurement of Premium. When you receive an offer of such alternatives for use, you will be alerted to any additional agreements that apply to the offer, and you may be given the opportunity to accept additional terms. To the extent that there is any provision in any additional terms that are incompatible with the Terms, the
additional terms shall be given interpretative preference.
21. Invalidity and waiver of rights and interpretation
Unless otherwise stated in the Agreements, in the event that any condition in the Agreements is declared invalid or unenforceable for any reason or to any extent, such nullity or non-enforceability
shall in no way affect or imply that other provisions of the Agreements shall be deemed to be invalid or non-enforceable, and the application of that condition shall be enforced to the extent permitted
by law. If Mathleaks or any legitimate third party fails to apply the Agreements or any terms of the Agreements, it shall not mean that Mathleaks or any relevant legitimate third party shall be deemed
to have waived its right to do so. When the words “including” and “include” and variations thereof are used in the Agreements, they shall be deemed to be accompanied by the words “but not limited to”.
Mathleaks has the right, in whole or in part, to assign the Agreements and Mathleaks has the right, in whole or in part, to delegate its obligations under the Agreements. You may not, in whole or in part,
assign the Agreements, nor transfer or sublicense your rights under the Agreements to any third party.
23. Indemnity commitment
You agree to indemnify and hold Mathleaks indemnified for all damages, losses and costs of any kind (including reasonable costs and legal counsel’s expenses) incurred as a result of (1) breach of any of the Agreements, (2) any User Content you post or otherwise contribute, (3) any activity that you participate in or through the Mathleaks-Service, and (4) that you violate any law or third party rights.
24. Applicable law, mandatory arbitration and forum
24.1 Applicable law/forum
Unless otherwise required by mandatory law in a Member State of the European Union or other jurisdiction, Swedish law shall apply to the Agreements (and any non-contractual disputes/claims arising out of or in connection with them), without regard to its international private law rules. You and Mathleaks also agree that the Swedish court shall have jurisdiction to resolve all disputes, claims or controversies arising in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them).
24.2 Disclaimer from the class action
WHERE PERMITTED BY APPLICABLE LAW, YOU AND MATHLEAKS AGREE THAT EACH OF YOU CAN ONLY CLAIM AGAINST THE OTHER IN INDIVIDUAL CAPACITY AND NOT AS A DEFENDANT OR GROUP MEMBER IN A CLASS ACTION LAWSUIT. Unless both you and Mathleaks agree to do so, no arbitrator or judge may cumulate more than one person’s claim or otherwise take up any form of class action
24.3 Arbitration Procedure
If you are domiciled in, established in, have offices in, or have business in a jurisdiction where this Section 24.3 is enforceable, the following mandatory arbitration provisions apply to you.
24.3.1 Dispute settlement and arbitration
You and Mathleaks agree that any disputes, claims or disagreements between you and Mathleaks arising in connection with or in any way related to the Agreements or to your relationship with Mathleaks as a user of the Service (whether contractual, non-contractual, damage, law, fraud, deception, or any other legal basis and whether the claims arise during or after termination of the Agreements) shall be decided by compelling, individual arbitration. Arbitration is more informal than a trial in court. No judge or jury is involved in arbitration, and courts’ review of an arbitration is limited. The right of access to the other party’s evidence (through so-called edition or discovery) may be more limited than in court. The arbitrator must comply with the Agreements and may award the same damages and remedies as a court (including legal counsel costs), except that the arbitrator cannot decide on the determination or injunction in favor of anyone other than the parties to the arbitration proceedings. This arbitration clause shall continue to apply after termination of the
Notwithstanding clause 24.3.1 above, both you and Mathleaks agree that nothing herein shall constitute a waiver of, obstruction of, or otherwise limit any of our respective rights, at any time, to (1) institute individual litigation in a “small claims court” , (2) take legal action through applicable federal, state, or local authorities when such measures are available, (3) apply for court injunction or injunction, or (4) apply for a lawsuit in court regarding intellectual property infringement claims.
24.3.3 Arbitration rules
Either you or we can initiate arbitration. An arbitration between you and Mathleaks will ultimately be decided in accordance with the Stockholm Chamber of Commerce’s Arbitration Institute’s applicable
arbitration rules at the time. The venue for the arbitration process is Stockholm, Sweden. Any arbitration proceedings shall be conducted in English and unless otherwise required by a
mandatory law of a Member State of the European Union or any other jurisdiction, Swedish law shall apply in arbitration, without regard to its international private law rules.
24.3.4 Time within which claims must have been made
An arbitration process must be initiated by a party submitting an arbitration request within one (1) year of the date on which the party making claims first becomes aware of or reasonably should have
become aware of the act, omission, or defect that gives rise to raising the claim; and there should be no right to make a claim that is not made within this time period. If the applicable law prohibits a one-year time limit for claiming, a claim must be made within the shortest time period allowed under applicable law.
24.3.5 Notice; Process
A party intending to initiate arbitration must first send a written notice of the dispute to the other party, by registered letter or Federal Express (signature required), or in the event that we do not have your physical address, by email (“Notice”). Mathleaks’ address for Notice is: Floragatan 12, 11431 Stockholm, Attn: Tommy Mårtensson. The Notice must (1) describe the nature of the claim and the basis for the claim or dispute and (2) specify the specific remedy requested (“Claims”). We undertake, in good faith, to endeavor to resolve the dispute directly, but if we do not reach an agreement within 30 days of receipt of the Notice, you or Mathleaks may initiate arbitration. During the arbitration process, any amounts for a settlement offer submitted by you or Mathleaks shall not be disclosed to the arbitrator until after the arbitrator has finally settled the dispute, if so. In the event that the dispute is finally settled by arbitration in your favor, Mathleaks shall pay you the maximum amount of: (1) the amount decided by the arbitrator, if any, (2) the amount resulting from
Mathleaks’ last written settlement amount prior to the arbitration, or (3) SEK 5,000.00. All documents and information disclosed in connection with the arbitration process shall be kept strictly confidential by the recipient and may not be used by the recipient for any purpose other than the arbitration or the execution of the arbitrator’s decision and arbitration, and may not be disclosed other than under confidentiality to persons who need to take part of these for such purposes, or as required by applicable law. Except as necessary to enforce the arbitrator’s decision and arbitration, neither you nor Mathleaks shall make any public announcement or comment or create any publicity about the arbitration, including the fact that the parties dispute, the existence of the arbitration, or any information on the arbitrator’s decision or arbitration.
In the event that Mathleaks makes future changes to this arbitration provision (other than a change to Mathleaks’ Notice address), you may oppose such change by sending a written notice within 30 days of the change to Mathleaks’ address for Notice, in which case your Mathleaks account will be terminated immediately and this arbitration clause, which was in effect immediately prior to the changes you opposed, will continue to apply.
If waiver of the class action in section 24.2 is found to be unenforceable in arbitration or if any part of this section 24.3 is found to be invalid or unenforceable, this entire section 24.3 shall be deemed
invalid, and in such case, the parties agree that what is set forth in section 24.1 about exclusive jurisdiction and forum shall apply to all actions arising out of or in connection with the Agreements.
25. Contact us
If you have any questions about the Mathleaks-Service or the Agreements, please contact us at email@example.com. Thank you for reading the Terms. We hope Mathleaks gives you the best support in your math
studying! Mathleaks-company you enter Agreements with:
Floragatan 12, SE-11431 Stockholm
26. iTunes and App Store
A payment will be charged to your iTunes account when you confirm your purchase. A Paid Subscription applies from the time it has been activated and is ongoing according to the subscription period you have chosen regardless of whether the subscription is terminated. Your iTunes account is managed through your Apple ID settings. Unused portion of your free trial will be forfeited when a new Paid Subscription is started. Further information on payments, cancellation and right of withdrawal can be found in section 5.
Valid from 25 September 2019
- About this policy
- Your rights and desires: Gives you freedom of choice and control
- Important parts that you agree to
- Personal data we collect
- How we use the information we collect
- Sharing of the information
- Data storage and deletion
- Withdraw consent
- Protect your personal data
- Accessing and updating user information
- How you contact us
- Information about cockies
Thanks for studying with Mathleaks! At Mathleaks, we want to give you the best support in your studies today, tomorrow and in the future. The privacy and security of your personal data is, and will remain, a very important one for us. Therefore, we want to describe in a transparent way how we collect, store, share and use your personal data, and describe how you can control, and set when and how you want to share your
personal data. This is our goal and this Policy describes below in more detail what we mean.
2. About this policy
introduce the new or additional services, they are covered by this Policy. The purpose of this policy is to:
- Make sure you understand what personal data we collect about you, the reasons why we collect and use it and who we share it with;
- Explain how we use personal data that you share with us to give you a good experience when using the Mathleaks-Service; and
- Explain what rights and options you have in relation to the personal data we collect and process about you, and how we protect your privacy.
such authorization at any time.
3. Your rights and desires: Gives you freedom of choice and control
You may know that there is a new EU law, the so-called General Data Protection Regulation or “GDPR”, which gives individuals certain rights with regard to their personal data processed by us. You always have the right to gain access to your personal data. If you want information about what personal data we process about you, you can always request this in the form of a register extract. Such request must be in writing and signed by you personally and sent to: Mathleaks AB, Floragatan 12, 11431 Stockholm. You will receive a response within one month of the application being made. For special reasons, this period may be extended by another two months. If we need to use the extension time, we will notify you.
If you notice incorrect, misleading or incomplete information about yourself, you can request correction. In some cases, you have the right to request that your personal data be deleted (“the right to be forgotten”), for example, if your personal data has been processed illegally. However, you cannot have your information deleted if there are legal obligations or rights for us to keep the information. Another example that we may have the right to say no to your request is to live up to the obligations arising from accounting and tax legislation. It may also be that the treatment is necessary for us to establish, enforce or defend legal claims. Should we be prevented from responding to a request for deletion, we will, at your request, block the personal data from being used for purposes other than the purpose that prevents the requested deletion. In some cases, you have the right to demand that your data processing be restricted. For example, if you dispute that the personal data we process is accurate, you can request a limited processing during the time we need to check if the personal data is accurate. Another example is if we no longer need the personal data for the stated purposes, but you do, however, need them in order to be able to establish, enforce or defend legal claims. You can then request limited processing of the data with us. This means that you can request that we not delete your data. In some cases, you also have the right to object to the processing of your data. If such a circumstance exists, we may continue to process the data only if it can be shown that there are compelling justifiable reasons why the data must be processed. These reasons should then outweigh the individual’s interests, rights and freedoms or if the treatment is for the determination, exercise or defense of legal claim. There are also restrictions on your rights when processing the data for statistical purposes.
If you do not want us to process your personal data for direct marketing, you can report this to us. In each newsletter you will also be informed of your possibility to unsubscribe to further newsletters. If you have provided information to us yourself, in some cases you have the right to obtain and use your information elsewhere (“the right to data portability”). At these times, we are obliged to facilitate such transfer of data. A condition is that we process the personal data with the support of consent or to fulfill an agreement with you.
4. Important parts that you agree to
By using or interacting with the Service, you consent to:
- transmission of your personal data outside the country of residence;
- the extent to which your personal data becomes publicly available and the control options for such data as described in section 7 Sharing of information.
5. Personal data we collect
We may collect and store the following personal data.
5.1 Recorded personal data
We only record information about your e-mail address and, in case you have used our knowledge test system in Mathleaks Courses, your test results. No other personal data is recorded and stored by
5.2 Use, logging of data and cookies
When using or interacting with the Service, we may use various techniques that collect information about how the Service is accessed and used. This information may include:
- information about your type of subscription and your interactions with the Service, such as interactions with Third Party Applications, and advertisements, products and services offered, linked
to or made available in or through the Service;
- information about the searches you make and the dates and times of your inquiries;
- technical data, which may include URL information, cookie data, your IP address, the types of devices you use to access or connect to the Mathleaks-Service, unique device IDs, device attributes,
type of network connection ( such as WiFi, 3G, LTE) and provider, network and device performance, browser type, language, information that enables digital rights management, operating system and
5.3 Payment details
may be collected and stored by the payment service providers with whom we work. We may also collect certain limited information such as your ZIP code, mobile number and information about your
transaction history, all of which are necessary to provide the Service. In addition, payment service providers usually provide us with some limited information about you, such as a unique token that
allows you to make additional purchases with the information they have stored, and your card type, expiration date and certain numbers in your card number. As mentioned, Mathleaks does not record
established outside your home country. This consent is given for your entire contractual relationship with Mathleaks.
5.4 Mathleaks’ service providers and partners
We may also obtain information about you from our suppliers and partners, which we use to customize your experience of the Mathleaks-Service, to measure ad quality and response to ads, and
to display ads that are more likely to be relevant to you. We also use this information in the manner described below in section 6 How we use personal data we collect.
6. How we use the information we collect
In accordance with the permissions you have given us to collect information, we may use the information we collect, including your personal data:
- to provide, personalize and enhance your experience of the Service and products, services and advertisements (including for third party products and services) made available inside or outside the
Service (including on other websites you visit), for example by: provide customized or personalized content, recommendations, features and advertisements inside or outside the Service;
- to ensure the technical functionality of the Service, to develop new products and services and to analyze your use of the Service, including your interaction with applications, advertisements, products and services made available in, linked to or offered through the Service;
- to communicate with you for purposes related to the Service or for research purposes, including via e-mail, notifications, SMS or other messages that you agree to receive;
- to communicate with you, either directly or through one of our partners, for marketing and advertising purposes via email, notifications or other communications, in accordance with the consent you may have provided to us;
- to enable and market the Service and other services or products, whether inside or outside the Service, including the features and content of the Service and products and services provided through the Service;
- to process your payment or prevent or detect fraud;
7. Sharing of the information
This section describes how the information collected or generated through your use of the Mathleaks-Service may be shared by you or us.
7.1 Sharing performed by you
The Mathleaks-Service is an interactive service that offers many ways to find, use and share content. We encourage you to take advantage of these interactive features with others at the Service. Your
name and/or username on the Mathleaks-Service will always be available to the public. Please keep in mind that some information is always publicly available, which means it can be accessed by Third
Party Applications through our APIs and Developer Tools. Based on your consent, additional personal data may be shared with Third Party Applications and with others through Third Party Applications.
We may use your publicly available information to market the Service and to help others find you and/or your content on the Mathleaks-Service, including through Facebook and other Third Party
Applications. Your personal data may be used to notify others through Facebook and Third Party Applications of your use of the Service (eg, that you have joined Mathleaks).
7.1.2 Third Party Applications
7.2 Sharing performed by Mathleaks
7.2.1 Marketing and advertising
We may share personal data with advertising partners to send you Mathleaks advertising messages or to show you more tailor-made content, including relevant ads for products and services that may be of interest to you, and to understand how users interact with ads. We share this data in an unidentified format that does not personally identify you.
7.2.2 Service providers and others
From time to time, we may share your personal data with service providers so that they may perform certain tasks on our behalf, process user data, and contribute to the provision of the Service, which is
7.2.3 Other sharing
In addition to what is mentioned above, we may also share your personal data with third parties for these limited purposes:
- to allow a merger, acquisition or sale of all or part of our assets;
- for defense in legal proceedings (such as a court decision or lawsuit), if we consider it necessary in good faith; to comply with the requirements of mandatory applicable law; to protect the safety of
- with academic researchers for purposes such as statistical analysis and academic studies, but only in unidentified format, and
- to publish unidentified or aggregated information about the use of the Mathleaks-Service.
8. Data storage and deletion
We will only retain your personal data for as long as it is necessary to provide you with the Mathleaks-Service and for legitimate and important purposes, such as maintenance of the
Mathleaks-Service, computer-based decisions on new functions and solutions, compliance with our legal obligations and resolution of disputes. As mentioned, we retain only a limited portion of your
personal data as long as you use the Mathleaks-Service. At your request, we will delete or anonymize your personal data so that it no longer identifies you, unless we are legally entitled or required to maintain certain personal data, including in the following situations:
- if there is an unsolved problem with linking to your account, e.g. outstanding payments to your account or claims or disputes that are not resolved, we store necessary personal data until the issue
- if we have to store personal data for our legal, tax, audit, and accounting obligations, we store the necessary personal data for the period of time enacted in applicable law; and
- if it is necessary for our legitimate business interests, e.g. to prevent fraud or maintain the safety of our users.
Personal data processing takes place in the countries where we operate: collection, storage, destruction etc. If you use the Mathleaks-Service in a country other than your home country, your personal data will be processed in the other country. Mathleaks does not share personal data globally with other companies in the Mathleaks Group to carry out the activities set out in this policy.
9. Withdraw consent
If you have given your consent to the processing of personal data, you have the right to withdraw your consent at any time.
We may display third-party ads and other content that links to third-party websites. We cannot control or be held responsible for any third party privacy measures or their contents. If you click on a third-party ad or link, you understand that you are leaving the Mathleaks-Service and all personal data you provide is not covered by this policy. Read the third party privacy policies to find out how they collect and process your personal data.
11. Protect your personal data
We strive to protect the personal data of our users. We use a variety of security techniques and security methods to protect personal data from unwanted access, use and disclosure. For example, personal data is stored on computer systems that have limited access and are located in protected premises. When transmitting highly sensitive data (such as credit card numbers and passwords) over the Internet, we protect these data with encryption. Although we observe precautions for data protection, please note that no system is ever completely secure. Your password protects your user account, so we recommend that you use a unique and powerful password, restrict access to your computer and browser, and log out when you have used the Mathleaks-Service. Although we observe data protection precautions, no security measures are completely secure and we cannot guarantee the security of user information.
not knowingly collect personal data from children under the age of 13 or below the applicable age limit (the “age limit”). If you are below the age limit, do not use the Mathleaks-Service or provide any
personal data to us. If you are a custodian of a child under the age limit and are informed that your child has submitted personal data to Mathleaks, you can contact us at firstname.lastname@example.org and request that you
exercise your applicable rights, as we describe in section 3 “Your rights and wishes : Gives you freedom of choice and control ”. If we become aware that we have collected personal data about a child under the age of 13, we will take reasonable steps to delete the personal data. This may include removing the child’s Mathleaks account.
13. Accessing and updating user information
We may sometimes make changes to this policy. When we make significant changes to this policy, we will provide you with a clear notice taking into account the circumstances, e.g. by displaying a clear message in the Service or by sending an email. We can notify you in advance. Therefore, make sure you read all such messages carefully.
15. How you contact us
16. Information about cookies
16.1 What are cookies?
A cookie is a small text file that is stored on your computer, mobile phone or other device when you visit a website. The cookie helps website providers recognize your device the next time you visit their site.
We use both session cookies (which expire when you close your browser) and persistent cookies (which remain on the device for a certain amount of time or until you delete them). We use the following types of cookies for the purposes described in this table: Type of cookie Purpose Necessary Operations These cookies are necessary for us to provide the Mathleaks-Service you have requested. For example, they let us recognize what type of subscriber you are and then provide you with services accordingly. Performance/ Analysis We use these cookies to analyze how the Mathleaks-Service is accessed, used or performed. We use this information to maintain, operate and continuously improve the Mathleaks-Service. Functional These cookies allow us to perform certain functions of the Mathleaks-Service according to the choices you make. These cookies mean that as you continue to use or return to the Mathleaks- Service, we may offer you our services as you have requested them to be provided, for example by knowing your username, remembering how you have adapted our services and can remind yourself of content that you have shared. Targeted/Advertisement We use these cookies to provide you with ads that may be relevant to you and your interests.
16.3 Manage your cookie settings and other settings
Many browsers allow you to manage your settings. You can set your browser to deny cookies or delete certain cookies. You may be able to manage other technologies in the same way that you
16.4 More information