Mathleaks Remove Duplicates

Terms of Use - Privacy Policy Mathleaks

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• 1. Introduction 1. Introduction 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 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 protected].
• 3. Use of Mathleaks 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 termininated, 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 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 5. Payments and cancellation 5.1 Billing 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 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 Mathleak’s Characteristics, either for commercial or non-commercial use. You agree to abide by our Terms of Use and not to use the Mathleaks-Service, Content or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Mathleaks does not grant you any ownership or right of ownership or other rights to the Mathleaks-Service or Content.
• 7. Third Party Applications and Devices 7. Third Party Applications and Devices The Mathleaks-Service is integrated or may otherwise interact with third party applications, websites and services (“Third Party Applications”) and with the Third Party Devices, to make the Mathleaks-Service available to you. These Third Party Applications and Third Party Devices may have their own terms of use and privacy policies and your use of these Third Party Applications and Third Party Devices is governed by and is subject to such terms and privacy policies. You understand and agree that Mathleaks does not endorse and is not responsible for the behavior, features or content of any Third Party Application or Third Party Device or for any transaction you may make with the provider of such Third Party Applications and Third Party Devices, and Mathleaks nor does it guarantee the compatibility or continued compatibility of Third Party Applications and Third Party Devices with the Mathleaks-Service.
• 8. User generated content 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 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, sublicensable, 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 User Content.
• 10. User Guidelines 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- Service; 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 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 [email protected]. 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 protected].
• 12. Limitations and changes to the Service 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.
• 13. Forum 13. Forum 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.
• 14. Support 14. Support If you have questions other than those concerning the mathematical content of our textbook solutions and Mathleaks Courses, please contact us at [email protected]. Schools should contact us via [email protected]. Frequently asked questions and answers to them can be found on our website under Support.
• 15. Export control 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 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 Mahtleaks-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 [email protected]. 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 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.
• 18. Restrictions 18. Restrictions 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 FORSEEABLE 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 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 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 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”.
• 22. Transfer 22. Transfer 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 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. 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 for trial. 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 Agreements. 24.3.2 Exceptions 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. 24.3.6 Changes 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. 24.3.7 Enforceability 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 25. Contact us If you have any questions about the Mathleaks-Service or the Agreements, please contact us at [email protected]. Thank you for reading the Terms. We hope Mathleaks gives you the best support in your math studying! Mathleaks-company you enter Agreements with: Mathleaks AB Floragatan 12, SE-11431 Stockholm Sweden
• 26. iTunes and App Store 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.

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