Terms of Service
Apps for Apple Platforms
These Terms of Service ("Terms") govern your use of software applications (“our apps” or “Applications”) operated by Math Easel, LLC (“Math Easel”, “our”, “us”, or “we”) distributed for use on Apple, Inc.'s computing devices (including but not limited to iPhone, iPad, and Mac).
By accessing and using our apps, you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and the Privacy Policy, you are not authorized to use the Services.
Privacy
Math Easel takes your privacy seriously. You may opt to grant our apps access to your current location (“Location Information”) as set forth in the Privacy Policy. Math Easel may also automatically collect anonymous information regarding your interaction with, and use of, our apps. By using our apps, you agree that Math Easel may collect and use this information as set forth in the Privacy Policy.
Subscriptions
Some parts of the Applications are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
Your Subscription will be charged to your iTunes account at confirmation of purchase. Your Subscription will automatically renew at the end of your Subscription period unless canceled at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
You can manage your Subscription or turn off auto-renewal at any time from your iTunes account settings. Cancellation of the active Subscription period is not allowed.
All Subscriptions may be final and non-refundable. By accepting these terms, you agree that Math Easel is not required to provide a refund for any reason.
Math Easel may change, modify, or eliminate features of the Subscription at any time, with or without notice. Specifically, Math Easel may from time to time change weather data providers as a result of pricing changes, changes to the terms of use, or other reasons. Math Easel does not warrant that any particular weather provider will be available in the future. You agree that Math Easel will bear no liability to you or any third party if Math Easel does so.
Subscription Fee Changes
Math Easel, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will not go into effect automatically; you must opt into the fee change to continue using the Subscription after the end of the then-current Billing Cycle.
Third-Party Websites
Our apps may contain links to third-party web sites or services that are not owned or controlled by Math Easel.
Math Easel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Math Easel 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
Intellectual Property
Our apps are owned and operated by Math Easel. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Applications provided by Math Easel are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained on the Applications are the property of Math Easel or its subsidiaries or affiliated companies and/or third-party licensors. All suggestions, enhancements requests, feedback, recommendations or other input provided by User or any other party relating to the Applications shall be owned by Math Easel, and User hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. User grants to Math Easel a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Applications any suggestion, enhancement request, recommendation, correction or other feedback provided by User relating to the operation of the Applications. All trademarks, service marks, and trade names are proprietary to Math Easel or its affiliates and/or third-party licensors. Except as expressly authorized by Math Easel, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. Math Easel reserves all rights not expressly granted in the Terms.
Limitation of Liability
In no event shall Math Easel, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Applications; (ii) any conduct or content of any third party on the Applications; (iii) any content obtained from the Applications; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Representations and Warranties
Your use of the Applications is at your sole risk. The Applications are provided on an "AS IS" and "AS AVAILABLE" basis. The Applications are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance.
Math Easel and its subsidiaries, affiliates, and licensors do not warrant that a) the Applications will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Applications are free of viruses or other harmful components; or d) the results of using the Applications will meet your requirements.
Our apps are intended to be used and must be used for entertainment purposes only. You understand that our apps may expose you to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Math Easel with respect hereto. Math Easel does not endorse any content and other material or any opinion, recommendation or advice expressed therein, and the information contained therein is not intended to be used as and does not constitute investment, tax, or legal advice. Math Easel expressly disclaims any and all liability in connection with content and other materials.
Interpretation and application of any data supplied by the Applications, as well as any comparative analysis and/or prognosis or similar activities done by any user, and any actions taken as a result, are done so solely at the user's risk and have not directly or indirectly been implied, condoned or recommended by Math Easel and/or its data suppliers.
Termination
You agree that Math Easel may terminate your access to the Applications, at our sole discretion, without cause or notice, and without penalty, at any time. Math Easel may also at any time discontinue providing access to our apps, or any part thereof, with or without notice. You agree that any termination of your access to our apps or any portion thereof may be effected without prior notice, and you agree that Math Easel will not be liable to you or any third party for any such termination. Upon termination, your right to use the Applications will immediately cease. If you wish to terminate your account, you may simply discontinue using the Applications.
Updates to these Terms
We reserve the right to update or modify the Terms at any time without prior notice. Any changes to the Terms will become effective when we post the revised Terms at https://www.matheasel.com/legal/apps/tos.html. Your continued use of the Applications after any changes or revisions to the Terms shall indicate your acceptance and agreement with such revised Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of Washington State and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Questions and Comments
Please contact us at robin@matheasel.com if you have any questions or feedback about the policies described in this statement.
Last Updated: March 29, 2022