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

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 incorporated by reference into these Terms.

These Terms are in effect as of June 7, 2021. We reserve the right to change these Terms at any time without notice to the user. The user acknowledges and agrees that it is their responsibility to review the Exomath website and these Terms to familiarize themselves with any modifications.

The user’s 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 modify or discontinue any Exomath features with or without notice to the user. We will not be liable to the user or any third party should we exercise such a right. Any new features that augment or enhance the then-current services on Exomath will also be subject to these Terms.

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

The use of Exomath is subject to all applicable laws and regulations, and the user is solely responsible for the substance of their communications through Exomath. By posting information in or otherwise using any interactive service that may be available to other users on or through Exomath, the user agrees that they 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 based on their 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 rights 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 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 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, forums, message boards, newsgroups, software libraries, or other interactive services that may be available on or through Exomath. However, our agents and we have the right at our 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. The user consents to such removal and waives any claim against us arising out of such removal of content.

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

The user is 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.

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 the user purchases a paid license, they can use the features included with their subscription, as outlined on our website. Unless we have communicated any special license terms to the user, the user agrees that:

  • An annual subscription may be canceled and is eligible for a refund, prorated from the start of the following month to the end of the subscription term.
  • A monthly subscription may be canceled but is not eligible for a refund.
  • The license term lasts for the duration of the user’s subscription, regardless of their usage level.
  • The seat count for the user’s license entitles that number of individual people to use Exomath on any particular calendar day in their location. We may restrict access to the software over the licensed seat count.
  • The user may add seats to an existing license, prorated to the month, at the currently offered volume-pricing discounts.
  • The user is responsible for all fees or expenses related to accessing or using Exomath that are extrinsic to our products and services. This includes, without limitation, their internet service provider fees.

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 the user’s agreement with Exomath for using the specific components to which the open-source licenses apply.

The user agrees to the terms of this section when using any Exomath application programming interface (API), including using any Exomath API through a third-party product.

Exomath, in our sole discretion, will determine abuse or excessive API usage. Abuse or excessively frequent requests to Exomath via the API may result in the temporary or permanent suspension of the user’s access to the API. We will reasonably attempt to warn a user via email before the suspension.

The user may not share API tokens to exceed rate limitations. The user may not use the API to download data or content for spamming purposes, including for selling the personal information of Exomath users.

This website may link users 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 the user acknowledges 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. Including such a link or reference is provided merely as a convenience. It does not imply endorsement of, or association with, the party or any warranty of any kind, either express or implied.

We retain ownership of the software as initially accessed by the user. The software, the copyright, and other intellectual property rights of whatever nature in the software, including any modifications made, 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 the copyright of Exomath or its affiliates. All other marks are the property of their respective owners. Nothing in these Terms grants the user any right to use any trademark, service mark, logo, or the name or trade names of Exomath or its affiliates.

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

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 an official capacity.

The user understands and agrees that temporary interruptions of the services available through Exomath may occur as regular events. The user further understands and agrees that we have no control over third-party networks they may access while using Exomath. Therefore delays and disruption of other network transmissions are completely beyond our control.

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. Accessing them from territories where their contents are illegal is prohibited. Those who choose to access Exomath from other locations do so on their 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.

The user agrees that we may, in our sole discretion, terminate or suspend their 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 their relationship and may be referred to appropriate law enforcement authorities.

The user acknowledges and agrees that we may immediately deactivate or delete their account and all related information and files in their account or bar any further access to such files or Exomath. Therefore, regardless of the reasons, their right to use Exomath immediately ceases upon termination or suspension. We will not be liable to the user or any third party for any claims or damages arising from any termination or suspension or any other actions taken by us in connection with such termination or suspension.

All rights, powers, and remedies provided herein are cumulative and not exclusive of any rights, powers, and remedies at law or in equity as may now or later exist. The user agrees that if they breach these Terms, 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, the user agrees that liquidated damages for any breach of this agreement by them will be $250,000 per violation. For the purpose of calculating damages under this provision, each reproduction or copy of the software or a derivative work of the software will be considered a separate violation. In the event of a breach of this agreement by the user, we will be entitled to recover the costs and expenses incurred in enforcing this agreement, including attorney fees.

These Terms and any dispute or claim arising out of or related to them are governed by and construed under 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.