Exomath

Terms of Service

Exomath LLC (“we” or “us”) provides the Exomath website (exomath.io) and various related software and services (collectively, “Exomath”) to you, the user, subject to your compliance with all terms, conditions, and notices contained or referenced herein (“Terms”), as well as any other written agreement between us and you.

When using Exomath services or materials, users are subject to any additional posted rules applicable to those specific services or materials. All such rules are hereby incorporated by reference into these Terms.

These Terms are effective as of June 7, 2021. We reserve the right to change these Terms at any time without notice to you. You acknowledge and agree that it is your responsibility to review the Exomath website and these Terms to familiarize yourself with any modifications.

Your continued use of Exomath after such modifications will constitute acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.

We reserve the right to either modify or discontinue Exomath features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on Exomath will also be subject to these Terms.

Beta Version Disclaimer

The pre-release version (“Beta Version”) of the Exomath software is believed to contain defects, and a primary purpose of the Beta Version is to obtain feedback on software performance and the identification of defects. You are advised to safeguard important data, to use caution, and not to rely in any way on the correct functioning or performance of the Beta Version or accompanying materials.

Conduct

Your use of Exomath is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through Exomath. By posting information in or otherwise using any interactive service that may be available to you on or through Exomath, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data, or other information) that

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, gender identity, sexual orientation, race, ethnicity, age, or disability.
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
  • Constitutes unauthorized or unsolicited advertising, junk, or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
  • Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of Exomath. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through Exomath. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

You are not permitted to

  • Edit, alter, modify, adapt, translate, or otherwise change the whole or any part of the software nor permit the whole or any part of the software to be combined with or become incorporated in any other software, nor decompile, disassemble, or reverse engineer the software or attempt to do any such things.
  • Create derivative works of this product without our permission.
  • Disclose to any third party any observations, information, or data about the processes, mechanisms, or systems behind the software.
  • Reproduce, copy, distribute, or resell the software or any features of the software for any purpose.
  • Allow any third party to use the software on behalf of or for the benefit of any third party.
  • Use the software in any way which breaches any applicable local, national, or international law.
  • Bypass or attempt to bypass the software’s built-in license authorization checks.

Paid Licenses

We may offer features on a free or free trial basis, but we reserve the right to impose any restrictions on free or free trial access at any time.

If you have purchased a paid license, you are permitted to use the features included with your subscription, as outlined on our website. Unless we have communicated any special license terms to you, you agree that

  • Your license term lasts for the duration of your subscription, regardless of your usage level.
  • Payments are non-refundable.
  • The seat count for your license entitles that number of individual people to use Exomath on any particular calendar day in your location. We may restrict access to the software in excess of your licensed seat count.
  • You may add seats to an existing license, prorated to the month, at the currently offered volume-pricing discounts.
  • You are responsible for all fees or expenses related to accessing or using Exomath that are extrinsic to the our products and services. This includes, without limitation, your own internet service provider fees.

Open Source Licenses

Some components of the Exomath software may be released under open source licenses. Open source licenses constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Exomath for the use of the specific components to which the open source licenses apply.

Application Programming Interface

You agree to the terms of this section when using any Exomath application programming interface (API), including the use of any Exomath API through a third party product.

Abuse or excessively frequent requests to Exomath via the API may result in the temporary or permanent suspension of your account’s access to the API. Exomath, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed rate limitations.

You may not use the API to download data or content for spamming purposes, including for the purposes of selling personal information of Exomath users.

Third Party Websites

This website may link you to other websites on the internet or otherwise include references to information, documents, software, materials, or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.

These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the party or any warranty of any kind, either express or implied.

Intellectual Property and Ownership

We retain ownership of the software as originally accessed by you. The software and the copyright and other intellectual property rights of whatever nature in the software, including any modifications made thereto, are and will remain our property.

All custom graphics, icons, logos, and service names used on Exomath are registered trademarks, service marks, or artwork held under copyright of Exomath or its affiliates. All other marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or the name or trade names of Exomath or its affiliates.

Disclaimer of Warranties

Exomath is provided “as is,” at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose, or non-infringement. Exomath will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Exomath.

Content available through Exomath often represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Exomath agent speaking in official capacity.

You understand and agree that temporary interruptions of the services available through Exomath may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of Exomath, and therefore delays and disruption of other network transmissions are completely beyond our control.

International Use

Although Exomath may be accessible worldwide, we make no representation that Exomath materials are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access Exomath from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, or information made in connection with Exomath is void where prohibited.

Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of Exomath with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use Exomath immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or Exomath. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Remedies for Breach of Terms

You agree that if these Terms are breached by you, the remedy afforded by law may be inadequate; therefore, an injunction, specific performance, or other forms of equitable relief or money damages or any combination thereof must be available. In addition to the above, and without any limitation thereon, you agree liquidated damages for any breach of this agreement by you will be $250,000 per violation. For the purpose of calculating damages under this provision, each reproduction or copy of the software or of a derivative work of the software will be considered a separate violation. All rights, powers, and remedies provided for herein are cumulative and not exclusive of any and all rights, powers, and remedies at law or in equity as may now or later exist. In the event of a breach of this agreement by you, we will be entitled to recover the costs and expenses incurred in enforcing this agreement, including attorney fees.

Governing Law

These Terms and any dispute or claim arising out of, or related to them, are governed by and construed in accordance with the internal laws of the United States without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or Exomath must be instituted exclusively in the federal courts of the United States.