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TERMS OF USE

Last updated: 12/11/2019

ACCEPTANCE OF TERMS

Softmath (the “Company”, "Softmath", "us", "our" or "we") provides the Algebrator app (the "Application") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use")

BY USING THE APPLICATION YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY, AND YOU HEREBY ACCEPT ALL OF THE TERMS OF USE. YOU AGREE THAT THE TERMS OF USE ARE ENFORCEABLE IN THE SAME MANNER AS ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, PLEASE UNINSTALL THE APPLICATION NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION, IS TO STOP USING IT. IN CASE YOU ARE USING A PREMIUM VERSION OF THE APPLICATION, YOUR REMEDY ALSO INCLUDES A REFUND OF THE LATEST SUBSCRIPTION PAYMENT.

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. It is your responsibility to check this page from time to time for updates. Your continued use of the Application after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

OUR SERVICES

The services that the Application provide consists of solving math problems submitted by you. These problems are solved in a step-by-step fashion, while providing detailed explanations.

We may, from time to time, add or release new services (collectively "Additional Services"). Any Additional Services will be subject to these Terms of Use, as well as any additional terms of use that we may release for those specific Additional Services.

USE LICENSE AND COMPANY’S PROPRIETARY RIGHTS

You acknowledge and agree that the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Application is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

The Company grants you a personal, non-transferable, non-commercial non-exclusive right and license to use the Application. For such use you are allowed to:

  • input a variety of math problems in order to obtain solution steps and explanations.
  • make screenshots of problems and results, print copies, store this content on your computer, and reference the information in your documents.
  • post individual, incidental results or small groups of results from the Application on non-commercial websites and blogs, provided those results are properly credited to the Company. Failure to properly attribute results from the Application is not only a violation of these terms, but may also constitute academic plagiarism or a violation of copyright law.

As a condition of your access and use of the Application you agree not to do the following:

  • modify, reverse-engineer, rent, lease, loan, sell, assign, sublicense, distribute or create derivative works based on the Application, in whole or in part.
  • use the Application to create something that is likely or intended to be reused as a data source for further processing, or that in some other way serves as a replacement or alternative to using the Application itself. This applies whether what you create is in electronic or print form.
  • use the Application professionally or commercially.
  • use the Application in an academic setting in a manner that is contrary to the rules of the respective academic institution. In particular, you cannot use the Application in the way that contravenes academic dishonesty policies of the institution.
  • violate these Terms of Use.
  • use the Application in any manner that violates any law.
  • use the Application in any manner that infringes, misappropriates or violates any third party's rights, including transmitting any user content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, or intellectual property rights.

Disclaimer of warranty

The Application is provided on an "as is" basis. The Company disclaims all warranties, whether express or implied, including the warranties that the Application is free of defects and able to operate on a continuous basis, that it will meet your requirements, or that errors will be corrected, and the implied warranties the Application is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, unless such implied warranties are legally incapable of exclusion. No advice or information given by the Company shall create a warranty or expand the scope of any warranty that cannot be disclaimed under applicable law. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

The Company has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Application, including, but not limited to, content and the equipment needed for access or use, or the availability of the Application on any particular device.

Limitation of liability

In no event shall the Company be liable for any damages arising out of or related to the use, inability to use, performance, or nonperformance of the Application service. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnification

You agree to indemnify and hold the Company harmless from and against all losses, expenses, damages, and costs, including attorneys' fees, resulting from your violation of these Terms of Use.

Termination and remedies

The Company reserves the right, in its sole discretion, to terminate your access to the Application, with or without notice.

Your sole and exclusive remedy for your dissatisfaction with the Application is to stop using the Application. If you are using our paid subscription services, you will additionally be entitled to a refund of your most recent subscription payment.

Jurisdiction

The Company is based in the State of Texas, in the United States of America, and these Terms of Use are to be interpreted under and governed by the laws of the State of Texas. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect. In any event, such an invalid or unenforceable provision shall have no effect on the validity or enforceability of the remaining provisions.