Terms of use

Terms of use

1. general

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

2. description of the website and the service

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

3. acceptable use of the services

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

4. additional conditions

Additional terms and conditions (“Additional Terms”) apply to some of our Services.
If Additional Terms apply to a Service, we will make them available for you to review during your use of that Service.
By using that service, you agree to the Additional Terms.

5. registration

In connection with registering for and using the Service, you agree to,
(i) to 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) to maintain and promptly update any registration information you provide to MatheArena to keep such information accurate, current and complete; and
(iv) be fully responsible for all use of your account and for all actions that occur under your account.

6. your representations and warranties

1. You represent and warrant to MatheArena that your access and use of the Service will be in compliance with these Terms of Service and 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 the Republic of Austria and/or the jurisdiction in which you reside.You represent and warrant that you are not organized under the laws of, operating from, or ordinarily resident in any country or territory that is the target of comprehensive EU economic or trade sanctions (i.e., an embargo), or otherwise the target of EU sanctions.

7. inappropriate use

You will not upload, display or otherwise make available on or through the Service any Content that:
(i) is defamatory, libelous, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes the rights of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); or
(ii) in MatheArena’s sole discretion, is objectionable or inhibits any other person from using the Service or may expose MatheArena or its users to any harm or 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 any and 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 Service, any misrepresentation made to us (whether as part of these Terms of Use or otherwise), your violation of any of these Terms of Use, or any claim that any calculation we provide to you is inaccurate, inappropriate or erroneous in any way.

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 one copy of each 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, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble or translate an App or any part thereof.
MatheArena and its licensors own and retain all intellectual property and other rights in 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 or otherwise conflict with the provisions of this paragraph, the more restrictive or conflicting provisions of this paragraph shall control, but only with respect to Apps from the Apple App Store and Google Play Store.
You acknowledge and agree that these Terms of Use are solely between you and MatheArena, not Apple or Alphabet, and that Apple or Alphabet has no responsibility for the Apps or their content.
Your use of an App must comply with the App Store Terms of Use or the Google Play Store Terms of Use.
You acknowledge that Apple or Alphabet has no obligation of any kind to provide maintenance and support services with respect to the Apps.
If an App fails to conform to any applicable warranty, you may notify Apple or Alphabet, and Apple or Alphabet will refund the purchase price of the App to you, as applicable; to the maximum extent permitted by applicable law, Apple or Alphabet will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms of Use.
You and MatheArena acknowledge that Apple or Alphabet will not be responsible for addressing any claim 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 fails to comply with applicable legal or regulatory requirements; and
(iii) claims under consumer protection or similar laws.
You and MatheArena acknowledge that in the event of a claim by a third party that an App, or your possession and use of that App, infringes that third party’s intellectual property rights, MatheArena, not Apple or Alphabet, will be solely responsible for the investigation, defense and settlement of, and will provide relief from, any such intellectual property infringement claim to the extent required by these Terms of Use.
You must comply with any applicable third party terms of agreement when using an App. You and MatheArena acknowledge and agree that Apple or Alphabet and Apple’s or Alphabet’s subsidiaries are third-party beneficiaries of these Terms of Use as they relate to your license of the Apps, and that Apple or Alphabet has the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary upon your acceptance of these Terms of Use.

10. in-app purchases

If you purchase a periodic subscription with automatic renewal through the Service, your account will be continuously charged for the subscription until you cancel it as described below.
After your first subscription period and again after each subsequent subscription period, your subscription will automatically renew for an additional corresponding period.
If you do not want your subscription to renew automatically, or if you wish to change or cancel your subscription, you must log in to your account and follow the instructions to cancel or change your subscription, even if you have deleted your account.

11. payment processor

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

12. right of return

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

13. links, websites and services of third-party providers

The Service may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by MatheArena.
We do not endorse or accept any responsibility for such third party websites, information, materials, products or services.
If you access any 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 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any third-party website, service or content.

The Service may contain advertising that may be targeted to content or information about the Service or other information.
The nature and extent of advertising by MatheArena on the Service is subject to change.
In consideration for MatheArena granting you access to and use of the Service, 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 representations or warranties by MatheArena

The Service, including all images, audio files and other content therein, and all other information, property and rights granted or made available to you by MatheArena are provided to you “as is”.
MatheArena and its suppliers make no representations or warranties of any kind with respect to the Service, express or implied, and all such representations and warranties, fitness for a particular purpose or non-infringement, are expressly disclaimed.
Without limiting the generality of the foregoing, MatheArena makes no representation or warranty whatsoever regarding accuracy, availability of the Service, completeness, information content, error-free operation, results of use, or non-infringement of third party rights.
Access to and use of the Service may be unavailable during peak demand, system upgrades, malfunctions or scheduled or unscheduled 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 maximum extent permitted by applicable law, in no event will MatheArena be liable to you or any third party claiming through it (whether in contract, tort, strict liability, etc) for any indirect, incidental, special, consequential or exemplary damages arising out of or in connection with the access or use of, or inability to access or use, the Service or any part thereof, including, but not limited to loss of use of the Service, inaccurate results, loss of profits, business interruption, or damages for loss of or corruption of data or data that is inaccurately reproduced, the cost of data restoration, the cost of substitute services, or claims by third parties for damage to computers, software, modems, telephones, or other property, even if MatheArena has been advised of the possibility of such damages.
To the extent permitted by applicable law, MatheArena’s liability to you or any third party for any cause whatsoever shall be limited to the amount paid by you in the 12 months prior to the first act giving rise to liability.

16. termination

MatheArena may terminate your access and use of the Service at any time, for any reason, and at that time you will have no further right to use the Service.
You may terminate your MatheArena account at any time by following the instructions available through the Service.
The provisions of these Terms of Service relating to the protection and enforcement of MatheArena’s proprietary rights, your representations and warranties, disclaimers of representations and warranties, indemnities and indemnification, limitations of liability and types of damages, ownership of data and information, governing law and jurisdiction, and other provisions will survive any such termination.

17. ownership rights to service content

All content available via the Service, including designs, text, graphics, images, information, software, audio and other files, and the selection and arrangement thereof (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, in whole or in part, except as expressly permitted in these Terms and Conditions.
You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain any Service Content.
As 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 Service are the exclusive property of MatheArena, and you are not authorized to use any such activity materials except as expressly permitted by these Terms of Service.
All rights of MatheArena or its licensors not expressly granted in these Terms of Service are reserved by MatheArena and its licensors.

18. trademark

“MatheArena” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of MatheArena or their respective owners, and some of them are registered with the EUIPO.
Access to and use of the Service does not grant or confer upon you any right or license 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 Service is also subject to our Privacy Policy, a copy of which can be found at www.MatheArena.com/datenschutz.
By using the Service, you agree to the terms of the Privacy Policy.

20. promotion 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 Promotion Code will be provided in conjunction with some form of 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 specified price; and B. from the moment you confirm your acceptance of the Promotional Code by submitting valid payment details accepted by MatheArena (the “Promotional Period”); and C. in certain circumstances, subject to an overall limit on the permitted redemptions of that Promotional Code.
By submitting your payment details,
(i) confirm your acceptance of the Promotional Code advertised;
(ii) accept and agree to these Promotional Code Terms and Conditions; and
(iii) acknowledge and agree to the Terms of Use.

Authorization.

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 need 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 connection with a promotional code.
Eligible users may accept a promotional code once – previous users may not redeem the offer again.

21. availability

A promotional code must be accepted prior to the expiration date, if applicable.
Except where prohibited by law, MatheArena reserves the right to modify, suspend or terminate a promotional code at any time and for any reason, in which case we will not honor subsequent registrations for promotional codes.

Duration and termination.

Unless you cancel your subscription before the end of the promotional period, you will automatically become a recurring subscriber and your promotional MatheArena subscription will automatically renew for additional periods equal to the expiring subscription term, unless you cancel before the end of the applicable subscription term in accordance with MatheArena’s terms and conditions.
The payment method you specify will automatically be charged the then-current subscription price.
If you cancel during the Promotion Period, you will lose access to Promotional MatheArena and you understand and agree that you will not receive any refunds or exchanges, including for any content or data associated with your use of the Service or for anything else.

Data transmission.

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

22 Choice of law and agreement on jurisdiction

Austrian law shall apply to all legal transactions to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of fulfillment is the company headquarters in 4921 Hohenzell.
The place of jurisdiction is – as far as legally permissible – Ried im Innkreis.

23. language

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

Status: November 2023