Terms of Service
Effective Date: September 13, 2023
These Terms of Service (“Mathmaji Terms”) is a binding agreement between you and Mathmaji Co., Ltd. (“Mathmaji”). This Mathmaji Terms governs your use of Mathmaji. Mathmaji is licensed, not sold, to you.
BY USING MATHMAJI, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE MATHMAJI AND DELETE IT FROM YOUR MOBILE DEVICE.
License Grant. Subject to the terms of this Mathmaji Terms, Mathmaji grants you a limited, non-exclusive, and nontransferable license to download, install, and use Mathmaji for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with Mathmaji’s documentation.
License Restrictions. You shall not:
(a) copy Mathmaji, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of Mathmaji;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of Mathmaji or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Mathmaji, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Mathmaji, or any features or functionality of Mathmaji, to any third party for any reason, including by making Mathmaji available on a network where it is capable of being accessed by more than one device at any time.Reservation of Rights. You acknowledge and agree that Mathmaji is provided under license, and not sold, to you. You do not acquire any ownership interest in Mathmaji under this Mathmaji Terms, or any other rights thereto other than to use Mathmaji in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Mathmaji Terms. Mathmaji reserves and shall retain its entire right, title, and interest in and to Mathmaji, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Mathmaji Terms.
Collection and Use of Your Information. You acknowledge that when you download, install, or use Mathmaji, Mathmaji may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of Mathmaji. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using Mathmaji or certain of its features or functionality, and Mathmaji may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with Mathmaji is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through Mathmaji, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Updates. Mathmaji may from time to time in its sole discretion develop and provide Mathmaji updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Mathmaji has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) Mathmaji will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that Mathmaji or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of Mathmaji and be subject to all terms and conditions of Mathmaji Terms.
Third-Party Materials. Mathmaji may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Mathmaji is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Mathmaji does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination.
(a) The term of Mathmaji Terms commences when you download Mathmaji and will continue in effect until terminated by you or Mathmaji as set forth in this 7.
(b) You may terminate Mathmaji Terms by deleting Mathmaji and all copies thereof from your Mobile Device.
(c) Mathmaji may terminate this Mathmaji Terms at any time without notice. In addition, Mathmaji Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of Mathmaji Terms.
(d) Upon termination:
(i) all rights granted to you under Mathmaji Terms will also terminate; and
(ii) you must cease all use of Mathmaji and delete all copies of Mathmaji from your Mobile Device and account.
(e) Termination will not limit any of Mathmaji’s rights or remedies at law or in equity.
Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MATHMAJI, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MATHMAJI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MATHMAJI OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR MATHMAJI.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MATHMAJI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold harmless Mathmaji and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of Mathmaji or your breach of Mathmaji Terms, including but not limited to the content you submit or make available through Mathmaji.
Export Regulation. Mathmaji may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release Mathmaji to, or make Mathmaji accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making Mathmaji available outside the US.
Severability. If any provision of Mathmaji Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of Mathmaji Terms will continue in full force and effect.
Governing Law. Mathmaji Terms is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to Mathmaji Terms or Mathmaji shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in Seattle. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.]
Entire Mathmaji Terms. These Mathmaji Terms, the Terms and Conditions, and our Privacy Policy constitute the entire agreement between you and Mathmaji with respect to Mathmaji and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to Mathmaji.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between Mathmaji Terms and any applicable purchase or other terms, the terms of Mathmaji Terms shall govern.