Terms of Use 

 

1. General

MatheArena websites (“Websites”) and mobile applications (“Apps”) and related services (together with Websites the “Services”) are operated by MatheArena GmbH (“MatheArena”, “us” or “we”). Access to and use of the Services is subject to the following terms of use (“Terms of Use”). By accessing or using any part of the Services, you represent that you have read, understood, and agree to these Terms of Use.

2. Description of the Website and Services

The Services allow users to access and use a wide range of educational services, including practicing math skills. MatheArena may, in its sole discretion and at any time, temporarily or permanently update, change, suspend, improve, or discontinue any aspect of the Services.

3. Acceptable use of Services

You are responsible for your use of the Services and for any use of the Services that is made through your account. Our goal is to create a positive, useful, and safe user experience. To further this goal, we prohibit certain conduct that could harm other users or us. When you use the Services, you must comply with our Community Guidelines.

 

4. Additional conditions

Some of our services have additional terms and conditions (“Additional Terms”). If there are additional terms for a service, we will provide them to you so that you can review them as you use that service. By using this service, you agree to the additional terms.

5. Login

In connection with registering for and using the Services, you agree to (i) provide accurate, current, and complete information about you and/or your organization as requested by MatheArena; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update any registration information you provide to MatheArena to keep that information accurate, current, and complete; and (iv)) the full Be responsible for all use of your account and for all actions that take place through your account.

6. Your representations and warranties

You represent and warrant to MatheArena that your access and use of the Services is in compliance with these Terms of Use and with all applicable laws, rules, and regulations of the Republic of Austria and any other relevant jurisdiction, including those relating to online conduct or acceptable content, and those relating to the transmission of data or information exported from that of the Republic of Austria and/or the jurisdiction in which you reside.

 

You represent and warrant that you are not organized under, operate from, or habitually reside in any country or territory, the target of comprehensive EU economic or trade sanctions (i.e. an embargo), or otherwise subject to EU sanctions.

7. Inappropriate use

You will not upload, display, or otherwise make available on or through the Services any content that: (i) is defamatory, defamatory, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes the rights of third parties (including copyright, trademark, privacy, publishing, or other personal or proprietary rights); or (ii) objectionable in MatheArena’s sole discretion is or prevents any other person from using the Services, or who MatheArena or its users causes damage, or may expose you to liability of any kind.

 

8. Compensation from MatheArena

You agree to defend, indemnify, and hold harmless MatheArena and its directors, officers, employees, contractors, agents, licensors, successors, and assigns from and against all losses, claims, causes of action, obligations, liabilities, and damages of any kind, including attorneys’ fees arising out of or in connection with your access to or use of the Services, any misrepresentation made to us (as part of these Terms of Use, or otherwise), allege your violation of any of these terms of use or others that a calculation we provide to you is in any way inaccurate, unreasonable, or erroneous.

9. License for apps

Subject to the terms of these Terms of Use, MatheArena grants you a non-transferable, non-exclusive license to download, install, and use a copy of any app in object code form only on an interactive device that you own or control. You may not derive or attempt to derive the source code of all or any part of an app, allow third parties to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate an app or any portion of it. MatheArena and its licensors own and retain all intellectual property rights and other rights to the Apps and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you use the apps from the Apple App Store and Google Play Store. To the extent that the other provisions of these Terms of Use are less restrictive than the provisions of this paragraph or are otherwise in conflict with them, the more restrictive or conflicting provisions of this paragraph apply, but exclusively with respect to apps from the Apple App Store and Google Play Store. You acknowledge and agree that these Terms of Use are exclusively between you and MatheArena, not Apple or Alphabet, and that Apple or Alphabet is not responsible for the Apps or their content. Your use of an app must comply with the App Store or Google Play Store terms of use. You acknowledge that Apple or Alphabet is under no obligation to provide maintenance and support services with respect to the Apps. If an app does not comply with an applicable warranty, you may notify Apple or Alphabet and Apple or Alphabet will refund you the purchase price for the app, if applicable; to the extent permitted by applicable law, Apple or Alphabet has no further warranty obligation with respect to the apps, and any other claims, losses, liabilities, damages, costs, or expenses arising from failure to comply with a warranty are governed exclusively by these terms of use. You and MatheArena acknowledge that Apple or Alphabet is not responsible for handling any claims by you or any third party relating to the Apps or your possession and/or use of an App, including but not limited to: (i) product liability claims; (ii) any allegation that an App does not meet applicable legal or regulatory requirements; and (iii) claims arising from consumer protection or similar laws. You and MatheArena acknowledge that in the event of a third party’s allegation that an app or your possession and use of that app infringes that third party’s intellectual property rights, MatheArena, not Apple or Alphabet, is solely responsible for investigating, defending and resolving and relieving such intellectual property infringement claims to the extent required by these Terms of Use. You must comply with applicable third-party contract terms when using an app. You and MatheArena acknowledge and agree that Apple or Alphabet and Apple or Alphabet’s subsidiaries are third-party beneficiaries of these Terms of Use as they relate to your license to the Apps, and that upon your acceptance of these Terms of Use, Apple or Alphabet has the right (and you are deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary.

 

10. In-app purchases

If you purchase a periodic subscription with automatic renewal through the Services, your account will be charged continuously for the subscription until you cancel it as described below. After your initial subscription period and again after each subsequent subscription period, your subscription is automatically renewed for an additional corresponding period. If you don’t want your subscription to renew automatically, or if you want to change or cancel your subscription, you must sign in to your account and follow the instructions to cancel or change your subscription, even if you’ve deleted your account.

11. Payment processor

All financial transactions made in connection with the Services are processed by third parties in accordance with their respective terms of use, privacy policies and/or applicable payment terms. We recommend that you learn about the practices of such third parties. In no event is MatheArena responsible for the acts or omissions of third party payment processors, including but not limited to system downtime or payment service failures.

12. Right of withdrawal

In the event that MatheArena suspends or terminates your use of the Services or these Terms of Use, or you voluntarily close your account, you understand and agree that you will not receive any refund or exchange, including any content or data associated with your use of the Services or for anything else.

 

13. Third party links, websites and services

The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that MatheArena does not own or control. We do not endorse or assume responsibility for such third-party websites, information, materials, products, or services. If you access MatheArena third-party websites, services, or content, you understand that these terms of use and our privacy policy do not apply to your use of such websites. You expressly acknowledge and agree that MatheArena is not responsible or liable, directly or indirectly, for any damage or loss arising from your use of third-party websites, services, or content.

 

The Services may contain advertising that may be targeted at content or information about the Services or other information. The type and scope of MatheArena’s advertising on the Services may change. In return for MatheArena providing you with access to and use of the Services, you agree that MatheArena and its third-party vendors and partners may place such advertising in connection with the display of content or information submitted by you or others.

14. No representation or warranties by MatheArena

The Services, including all images, audio files, and other content therein, and all other information, property, and rights granted or made available to them by MatheArena, are provided to them “as is.” MatheArena and its suppliers make no representations or warranties of any kind with respect to the Services, either express or implied, and all such representations and warranties, fitness for a particular purpose or non-infringement of third party rights, are expressly excluded. Without limiting the generality of the foregoing, MatheArena makes no representation or warranty of any kind as to the accuracy, availability of the Services, completeness, information content, error-free operation, results from use, or non-infringement of third party rights. Access to and use of the Services may be unavailable during peak demand, system upgrades, malfunctions, or planned or unplanned maintenance, or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

15. Limitation of types of damage/limitation of liability

To the extent permitted by applicable law, in no event will MatheArena be liable to you or any third party making claims through them (whether in contract, tort, risk liability, etc.) for indirect, incidental, special, consequential, or exemplary damages arising out of or relating to access or use of, or inability to access or use the Services or any part of it, including but not limited to loss of use of the Services, inaccurate results, loss of profit, business interruption, or damage due to loss or damage to data or data that is inaccurately reproduced, the cost of recovering data, the cost of replacement services, or claims by third parties due to damage to computers, software, modems, telephones, or other features, even if MatheArena has been advised of the possibility of such damage. To the extent permitted by applicable law, MatheArena’s liability to you or any third party making their claims for any reason is limited to the amount paid by you in the 12 months preceding the initial liability act.

16. Termination

MatheArena may cancel your access and use of the Services at any time and without giving any reason, and at that time, you have no further right to use the Services. You can cancel your MatheArena account at any time by following the instructions available on the service. The provisions of these Terms of Use relating to the protection and enforcement of MatheArena’s property rights, your representations and warranties, disclaimer of representations and warranties, indemnities and indemnities, limitations of liability and types of damage, ownership of data and information, applicable law and jurisdiction, and other terms will remain in effect even after such termination.

 

17. Ownership rights to Services content

All content available through the Services, including designs, text, graphics, images, information, software, audio, and other files, and their selection and arrangement (the “Service Content”), is the property of MatheArena or its licensors. No service content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, except as expressly permitted in these terms and conditions. You may not use data mining, robots, scraping, or similar data collection or extraction methods to obtain Service Content. In the relationship between you and MatheArena, all data, information, and materials obtained through your access to and use of the educational activities made available on or through the Services are the exclusive property of MatheArena and you are not authorized to use such activity materials unless expressly authorized by these Terms of Use. All rights of MatheArena or its licensors not expressly granted in these terms of use are reserved by MatheArena and its licensors.

 

18. Trademark

“MatheArena” and all other trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or service marks of MatheArena or their respective owners, and some of them are registered with EUIPO. Accessing and using the Services does not grant or license you to reproduce or otherwise use the MatheArena name or any MatheArena or third-party trademarks, service marks, graphics, or logos.

19. Privacy

Use of the Services is also subject to our Privacy Policy, a copy of which is www.mathearena.com/en/privacy-policy. By using the service, you agree to the terms of the Privacy Policy.

20. Promotional code conditions

MatheArena promotional codes (each a “promotional code”) are provided by MatheArena (either directly or through a partner) in accordance with the terms of use (“Terms and Conditions”). Each promotional code is provided in conjunction with some form of an automatically renewing periodic subscription (as defined in the Terms of Use).

 

The promotional code

Each promotional code provides access to promotional MatheArena: A. at the stated price; and B. from the moment you confirm your acceptance of the promotional code by submitting valid payment details that are accepted by MatheArena (the “Promotion Period”); and C. in certain circumstances, subject to an overall limit of the permitted redemption of that promotional code. By submitting your payment details, (i) you confirm your acceptance of the promoted promotional code; (ii) accept and agree to these promotional code terms; and (iii) accept and agree to the terms of use.

Eligibility

To be eligible for a promotional code, users must meet all of the following conditions (each, an “Eligible User”): A. If you do not subscribe to a promotional code that is advertised as available to current subscribers, you do not have to be a current subscriber. B. Provide MatheArena with a valid and current payment method that has been approved by MatheArena. C. Additional eligibility requirements (if any), as announced from time to time in conjunction with a promotional code. Eligible users can accept a promotional code once — previous users can’t redeem the offer again.

 

21. Availability

A promotional code must be accepted before the expiration date that may be provided. Except as prohibited by law, MatheArena reserves the right to change, suspend, or cancel a promotional code at any time and for any reason, in which case we will not recognize subsequent promotional code registrations.

 

Duration and termination

Unless you cancel your subscription before the end of the promotional period, you will automatically become a returning subscriber and your promotional MatheArena subscription will automatically renew for further periods of time equal to the expiring subscription period, unless you cancel before the end of the relevant subscription period in accordance with MatheArena’s terms and conditions. The payment method you specified will automatically be charged with the then-current subscription price. If you cancel during the promotional period, you will lose access to promotional MatheArena and you understand and agree that you will not receive any refund or exchange, including for content or data associated with your use of the Services or for anything else.

Data Transfer

By using the promotional code, you understand and agree that your anonymized aggregate data may be shared by MatheArena with the partner or provider that provided you with the promotional code.

22. Applicable Law and Jurisdiction Agreement

Austrian law applies to all legal transactions, excluding the UN sales law. The place of fulfilment is the company headquarters in 4921 Hohenzell. The place of jurisdiction is — to the extent permitted by law — Ried im Innkreis.

23. Language

This agreement was originally written in German. If a translated version of this Agreement conflicts with the German version, the German version shall prevail.

 

Status: November 2023