Terms of Use

Last updated May 2022

Thank you for your interest in using the services provided by MathOwl Inc. (“MathOwl”, “we”, “us”), which includes the MathOwl website (“site”) and MathOwl web app (“app”). The acceptable use of our services by any user (“you”) is governed by this policy, so please read this carefully to understand what terms and conditions apply. If you do not agree with any of the terms listed on this page, please do not use our services.

You may use the links below to navigate through the key areas of our terms:

1. Our Services
2. Account Eligibility
3. Account Fees
4. Data Privacy
5. Code of Conduct
6. Intellectual Property
7. Disclaimer & Liability
8. Indemnity
9. Jurisdiction
10. Changes to Terms

Our Services

We offer online support for mathematics education at the high school level through our site and our app. Our app provides the ability for teachers/parents to create and monitor algorithmic mathematics assessments for their students/children to take. Our site provides articles on various mathematics and mathematics-education topics, as well as support documentation on the effective use of our app.

You agree that you will use our services only if:

• you are a member of the general public accessing the contents of our site, or
• you are a student, teacher, or parent accessing our app through the means available in its graphical user interface.

Account Eligibility

You must first create an account to access our app; however, you do not need to create an account to access our site contents.

You agree that you will create an account only if:

• you are either a student, teacher, or parent, and have the intention of using our app for its intended purposes of creating/monitoring assessments as a teacher or parent, or taking assessments as a student,
• you are 13 years of age or older (if you are below the age of 13, you must ask your parent/guardian to create an account for you, or use their account),
• you provide accurate information when signing up.

You agree that we can suspend or, depending on severity, ban your account if you fail to adhere to any of the terms on this page.

Account Fees

Student accounts are – and always will be – free accounts. Teacher and parent accounts are paid accounts, and have an associated monthly fee based on usage.

Paid accounts may be converted to free accounts during trials, promotions, or if there is an external contract with the school or school board that contains an alternative fee structure.

You agree that when using a paid account:

• you will provide valid financial information,
• you will pay your monthly fees on time,
• we can modify your account fees if we provide you with at least 1 month of notification prior to the modification.

Data Privacy

We need to store and use some of your data while you are interacting with our services to be able to provide their intended functionality. Please read our Privacy Policy to gain an understanding of which data we store, how it is used, and how your privacy is protected during its storage and use.

You agree that:

• you have read and understand our Privacy Policy and accept all of our data privacy practices listed in it,
• you will only sign into your own account and nobody else’s,
• you will not share your account login information with anyone,
• you will not share course access codes with anyone who does not belong in those courses.

Code of Conduct

We monitor our services to ensure that they are not tampered with, and so that we can provide you with a consistent and safe experience. We greatly limit the amount of user-to-user interaction possible within our app, but we do not monitor any user content created within it. We kindly ask that you treat both our services and our users with respect.

You agree to:

• use our services for their intended purposes and not attempt to tamper with any of their underlying structures,
• be respectful of others and not post any content that is likely to be deemed offensive,
• comply with your local laws and regulations when using any of our services.

Intellectual Property

We own our name, brand, logos, trademarks, designs, site contents, and app functionality logic and contents. Any identifying data that you provide to us and any content that you produce within our app are your own.

We do not make the claim of owning the generated output of any questions, but all of the content and logic required for their generation and presentation belongs to us.

You agree not to:

• reproduce, redistribute, or claim as your own any parts of our content or services,
• sell or rent any parts of our content or services,
• embed any parts of our site or our app in another website or application (linking is fine).

Disclaimer & Liability

We do our best to provide you with a high quality service, but we only guarantee that our services are provided on an “as is” and “as available” basis.

We expressly disclaim all warranties of any kind, whether expressed or implied, with respect to our services, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement.

Under no circumstances will MathOwl or its officers, directors, employees, or contractors be liable for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses, resulting from your use of our services.

If, notwithstanding these terms, we are found to be liable to you or any third party in connection with your use of our services, the total liability of MathOwl and its officers, directors, employees, or contractors to you or to any third party is limited to the amount of your last month’s payment.

You agree that you will not hold us responsible for:

• the quality of any third-party content linked to from our site and app,
• the accuracy of information contained on our site and app,
• any losses or damages incurred from using our site or app,
• any data losses while using our site or app,
• any unavailability of access to our services.

Indemnity

We do not monitor or control any user content created within our app, and are not responsible for any user content that may be inaccurate or offensive. We reserve the right, at our own expense, to assume the exclusive defence and control of any disputes that may arise from your posted content.

You agree to:

• be solely responsible for the content that you post in our app,
• be solely responsible for all risks associated with other users’ content,
• to indemnify, defend, and hold harmless MathOwl and its officers, directors, employees, and contractors from any claims resulting from content that you post in our app,
• to cooperate with our defence of claims resulting from content that you post in our app, should they arise.

Jurisdiction

We are located in Ontario, Canada, and so these terms are governed by and shall be construed in accordance with the laws of business in Ontario, Canada.

You agree that any dispute will be under the exclusive jurisdiction of the Ontario, Canada courts.

Changes to Terms

Any changes that we make to our terms of use will be reflected on this page. Any major changes will be stated in this section, along with an effective date associated with those changes. We will notify you ahead of time of any major changes to our terms of use, so that you may decide whether or not to continue using our services after those changes take effect.

The date of the most recent update will be shown at the top of this page.