Modmath | Terms of Use

GENERAL TERMS

1. ABOUT THESE TERMS; ACCEPTANCE

These Terms of Use are a binding agreement between you and Modmath For Students Inc (“Modmath,” “we,” “us”). They govern your access to and use of the Modmath applications, websites (including app.modmath.com and get.modmath.com), and related services (the “Services”). By creating an account, accessing, or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services. If you use the Services for an institution, you also agree to PART A; if you sign up directly as an individual or family, you also agree to PART B.

2. DEFINITIONS

“Institution” - a school, district, or other organization that licenses the Services for its users (see PART A).
“Administrator” - a person authorized to manage an Institution’s account, seats, and users.
“Staff” - a teacher or other Institution user who is not an Administrator.
“Student” or “End User” - a person provisioned a seat by an Institution.
“Consumer” - an individual or family that signs up directly, not through an Institution (see PART B).
“Parent” - a parent or legal guardian who consents to and supervises a minor’s use under PART B.
“Account” - the credentials and profile used to access the Services.
“User Content” - the math work, drawings, text, imported images, file names, and other material you create, upload, or store in the Services.

3. PRIVACY

The Privacy Policy explains what we collect and how we use and share it, including the roles of the third-party service providers we rely on. For the current list of those service providers, please see the Privacy Policy.

4. ELIGIBILITY AND AGE

The Services are intended for learners of all ages, but how you may use them depends on your age and how you access them:

(a) Through an Institution. A Student of any age, including a child under 13, may use the Services when an Institution provisions them a seat and the Institution (acting as the school) provides any consent required by law on the child’s behalf. See PART A.

(b) Directly as a Consumer. If you sign up directly, you must be old enough to form a binding contract in your jurisdiction (generally the age of majority) to hold a paid or self-managed Account in your own name. A minor may use the Consumer service only under a Parent’s Account and supervision; a child under 13 (or the applicable minimum age in their country) may use it only with verifiable parental consent obtained through the Services. See PART B. You represent that the information you provide is accurate and that you have the authority to accept these Terms for yourself or for the person or Institution you represent.

5. ACCOUNTS AND SECURITY

You are responsible for safeguarding your Account credentials and for activity under your Account. Some Accounts use single sign-on through Google or Apple; where a password is used, we store it only as a salted cryptographic hash and never in plain text. Notify us promptly of any unauthorized use. We may suspend or terminate an Account that we reasonably believe is being used in violation of these Terms or that creates a security or legal risk.

6. ACCEPTABLE USE

You agree not to:

(a) use the Services in violation of any law or the rights of others;

(b) upload or share content that is unlawful, infringing, harassing, hateful, obscene, or harmful, or that contains malware;

(d) probe, scan, disrupt, overload, or circumvent the security or access controls of the Services;

(e) reverse engineer, scrape, or copy the Services except as the law expressly permits; or

(f) resell, sublicense, or commercially exploit the Services except under a written agreement with us. Because Students use the Services, do not upload content that is inappropriate for a K-12 educational setting.

7. YOUR CONTENT AND STUDENT WORK

You (or, for a Student, the Student and their Institution) keep all ownership of your User Content. We do not claim ownership of a learner’s math work. You grant Modmath only the limited, non-exclusive, worldwide license needed to host, store, process, display, back up, and transmit your User Content for the purpose of operating and improving the Services and providing them to you, and to comply with law. This license ends when your User Content is deleted, except for routine backups kept for a limited time and anything we must retain by law. We do not sell User Content and do not use a Student’s work to train third-party advertising models. You are responsible for your User Content and represent that you have the rights to it, including for any images you import.

8. MODMATH INTELLECTUAL PROPERTY

The Services, including the software, the keypad and canvas tools, the Modmath name and logos, and all related intellectual property, are owned by Modmath or our licensors and are protected by law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for your own educational use (for an Institution, for its internal educational use). All rights not expressly granted are reserved. You may not use the Modmath marks without our prior written permission.

9. INTELLECTUAL PROPERTY INFRINGEMENT (DMCA)

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a notice with the information required by the DMCA to support@modmath.zendesk.com . We may remove infringing content and terminate repeat infringers.

10. THIRD-PARTY SERVICES AND LINKS

The Services may interoperate with or link to third-party services (for example Google or Apple sign-in, Google Drive import, app store billing, and payment processing). We are not responsible for third-party services, and your use of them is governed by their own terms. Importing a file or signing in through a third party is subject to that provider’s terms.

11. AVAILABILITY; CHANGES TO THE SERVICES

We work to keep the Services available but do not guarantee uninterrupted or error-free operation, and we may modify, suspend, or discontinue features. We will use commercially reasonable efforts to notify Institutions of material changes that adversely affect a paid license during its term.

12. DISCLAIMERS

THE SERVICES AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will meet your requirements, that User Content will not be lost (keep your own copies where available), or that defects will be corrected. Modmath is an educational tool and does not guarantee any particular learning outcome. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODMATH AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF

(a) THE AMOUNTS YOU OR YOUR INSTITUTION PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR

(b) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow these limits, so they may not fully apply to you.

14. INDEMNIFICATION

To the extent permitted by law, you will defend and indemnify Modmath against third-party claims arising from your User Content, your use of the Services, or your breach of these Terms. For an Institution, this is set out in PART A. A public Institution’s indemnification obligations apply only to the extent permitted by applicable law.

15. TERM AND TERMINATION

These Terms apply while you use the Services. You may stop using the Services at any time; a Consumer may delete their Account (Section B6) and cancel a subscription (Section B3) as described in PART B, and an Institution’s license runs for its term as described in PART A. We may suspend or terminate access for a material breach, a legal or security risk, or non-payment. Sections that by their nature should survive (for example content license limits, IP, disclaimers, liability, indemnification, and dispute resolution) survive termination.

16. CHANGES TO THESE TERMS

We may update these Terms. If a change is material, we will provide reasonable notice (for example by posting the updated Terms with a new date and, where appropriate, by email or in-product notice). Changes are effective when posted unless stated otherwise; for a paid Enterprise license, changes that materially reduce the committed service do not apply to the current paid term without the Institution’s agreement. Continued use after the effective date means you accept the updated Terms.

17. GOVERNING LAW

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Subject to Section 18, the state and federal courts located in Dutchess County, New York have exclusive jurisdiction, except that a government or public-school Institution is subject to this and to Section 18 only to the extent its own governing law permits.

18. DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. Except where prohibited by law, you and Modmath agree to resolve disputes through binding individual arbitration under the rules of the American Arbitration Association, and not in court, and you and Modmath waive any right to a jury trial or to participate in a class action. Either party may bring a qualifying claim in small-claims court. You may opt out of arbitration by sending notice to support@modmath.zendesk.com within 30 days of first accepting these Terms. This Section does not apply to:

(a) a government or public-school Institution to the extent its governing law prohibits arbitration or a forum or venue selection; and

(b) a minor, or a Parent on a minor’s behalf, to the extent arbitration is unenforceable against a minor under applicable law.

19. MISCELLANEOUS

These Terms (with the Privacy Policy, any Enterprise order or DPA, and any app-store terms that apply) are the entire agreement on this subject. If a provision is unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing creates a partnership or agency. Notices to you may be given in-product or by email.

20. CONTACT

Questions about these Terms: support@modmath.zendesk.com.

PART A - ENTERPRISE (INSTITUTIONAL USE)

These terms add to the General Terms when an Institution licenses the Services and when Administrators, Staff, and Students use the Services through that Institution.

A1. AUTHORITY AND THE CONTRACTING PARTY

The Institution is the party responsible for its account and for all use by its Administrators, Staff, and Students. The person who accepts these Terms or completes a purchase for an Institution represents that they are authorized to bind the Institution. Administrators are responsible for managing seats and users and for the accuracy of the roster information they enter.

A2. LICENSES AND SEATS

Modmath grants the Institution a limited, non-exclusive, non-transferable license to use the Services for the number of seats and the term it purchases, for the Institution’s internal educational use only. Seats may be lifetime, trial, or subscription seats, each with its own term and expiration. The Institution may reassign a seat from one Student to another as permitted in the Admin Portal. Licenses may not be resold or used to provide a service to third parties.

A3. ORDERS, PAYMENT, AND RENEWALS

Enterprise purchases are made through the Admin Portal checkout, processed by Stripe, using card or ACH bank transfer. ACH payments settle over several business days; seats activate when the payment clears, and a failed ACH payment may reverse activation. Where an invoice or quote is issued, payment is due on the stated terms; paid invoices are provided as a receipt and are not separately payable online. Fees are non-refundable except as required by law or as expressly agreed in writing. Added seats co-terminate with the existing license term rather than extending it. Renewal terms and any auto-renewal will be as stated at purchase or in an order.

A4. ADMINISTRATOR, STAFF, AND STUDENT ACCOUNTS

The Institution and its Administrators are responsible for provisioning and deactivating Student accounts and for ensuring use complies with the Institution’s policies and applicable law. Student accounts are managed accounts: a Student signs in with a school-provided email (or through the school’s Google or Apple sign-on) and does not self-register. Modmath collects only the Student’s sign-in email and does not collect Student names, dates of birth, or grades.

A5. STUDENT DATA, FERPA, AND COPPA

For Student personal information, Modmath acts as a “school official” with a legitimate educational interest under FERPA, or as the Institution’s service provider/processor, and uses Student data only to provide the Services to the Institution. Where a Student is under 13, the Institution authorizes Modmath to collect the limited Student information described in the Privacy Policy on the school’s behalf consistent with COPPA, and the Institution is responsible for providing any direct notice to parents that its own policies or law require. A Data Processing Agreement governs this processing and, if it conflicts with these Terms on Student data, the DPA controls. We delete or return Student data as described in the Privacy Policy and the DPA, including on the Institution’s request or after a defined period of inactivity.

A6. ENTERPRISE WARRANTIES, LIABILITY, AND PUBLIC INSTITUTIONS

The disclaimers and the limitation of liability in the General Terms apply to Enterprise use; for a paid Institution the liability cap is measured by the fees paid in the prior 12 months (Section 13). A government or public-school Institution is bound by the indemnification, governing-law, and arbitration provisions only to the extent permitted by the laws that govern that Institution.

PART B - CONSUMER (DIRECT-TO-CONSUMER USE)

These terms add to the General Terms when an individual or family signs up directly (not through an Institution), including on get.modmath.com and in the consumer apps.

B1. CONSUMER ACCOUNTS AND THE FREE TIER

A Consumer may use a free tier of the Services and may subscribe for full access. The free tier includes a limited set of features. We may change the free-tier limits and the paid features over time, with notice for material changes.

B2. SUBSCRIPTIONS, AUTO-RENEWAL, AND BILLING

Paid access is sold as an auto-renewing subscription (for example monthly or annual). Subscriptions are managed through RevenueCat: on the web, billing is processed by Stripe; in the mobile apps, billing is handled by the Apple App Store or Google Play. Some plans are offered with a free trial. If you start a free trial you will not be charged during the trial period, but unless you cancel before the trial ends your paid subscription will begin automatically and your payment method will be charged the then-current price for the plan you selected. The trial length and price are shown at checkout. Your subscription automatically renews for the same period at the then-current price unless you cancel before the renewal date, and your payment method is charged at the start of each period. You can cancel at any time before a trial or a renewal to avoid the next charge: on the web through your account billing settings, and in the mobile apps through your Apple App Store or Google Play account. We will give notice of a price change before it takes effect, and a material increase will not apply until your next renewal after the notice.

B3. CANCELLATION AND REFUNDS

You may cancel at any time, effective at the end of the current billing period; after cancellation you keep paid access until that period ends and then return to the free tier. For mobile subscriptions, you manage and cancel through your Apple or Google account, and refunds are governed by that store’s policy. For web subscriptions, you cancel in your Modmath account. Except as required by law or a store policy, fees already charged are non-refundable.

The Consumer service may be used by a minor only under a Parent’s Account and supervision. During sign-up we apply an age check; if the user is under the applicable minimum age (13 in the United States, or higher where local law requires), we require verifiable parental consent before the minor may use the Services, and the Parent is the account holder and is responsible for the minor’s use and for any subscription. A Parent may withdraw consent and close the account. We do not knowingly let a child under the minimum age use the Consumer service without parental consent; if we learn we have, we will delete the information.

B5. CONSUMER ANALYTICS AND COMMUNICATIONS

Subject to the Privacy Policy and any consent we collect, we may use product analytics to improve the Consumer service. We do not apply third-party analytics to a child under the applicable minimum age before parental consent. Any marketing communications are subject to your consent and to your right to opt out.

B6. ACCOUNT DELETION

You may delete your Consumer Account at any time from within the app, in your account settings under Security. When you request deletion we email a confirmation link to the address on your Account, and the deletion takes effect only after you confirm. After you confirm, your Account is scheduled for deletion and you are signed out, and you may cancel the request by signing back in within 14 days. Once that period ends, your Account and the workbooks and content associated with it are permanently deleted, except for records we keep in de-identified form or are required to retain, as described in the Privacy Policy. You may also request deletion by email to support@modmath.zendesk.com from the address on your Account. Deleting your Account stops your subscription from renewing, but it does not by itself cancel a subscription purchased through the Apple App Store or Google Play; those subscriptions are controlled by the store and must be cancelled through your Apple or Google account, as described in Section B3. Fees already charged are non-refundable except as required by law or a store policy. A Parent who created an Account on behalf of a minor may delete that Account in the same way.

Terms of Use