Terms of Use

Last revised at: March 24th. 2021

Introduction

Welcome to 99math!

99math is a platform for learning and practicing math, motivated by fun gameplay and friendly competition. The platform is owned and controlled by 99math OÜ (Estonian Commercial Registry code 14682374) (“we”).

These Terms of Use (“Terms”) cover the rules according to which you may access and use 99math’s website and app. Using 99math means creating an account, playing the games within, or simply browsing 99math. These Terms specify the rights and obligations of both you and 99math as the parties to an agreement. This in turn allows us to provide you our services and allows you to use them.

Please read these Terms carefully before using 99math. The Terms are legally binding. By using our site and services, you agree to be bound by these Terms without any reservations. If you do not agree with these Terms or any rule within them, then you cannot access and use 99math. You agree and warrant that you have the legal right and capacity to enter into these Terms. You must also keep in mind that your use of 99math must be in accordance with the laws and regulations that apply to you in your own country of residence, wherever that may be.

99math collects and processes your personal data. Please visit our Privacy Policy for more information on how and why we collect your data or in which cases we may use that data.

Your Account

You must create an account to use 99math for its intended purposes. We provide the ability to create three different accounts: a student account, a teacher account and a parent account. Do not share or give others access to your account. Any activity that is made on your account or through it, is considered to be made by you personally.

If you create an account, you agree to provide us with true, complete and accurate information.

You are solely responsible for maintaining the secrecy of your username and password. Remember your password! Keep in mind that we do not ask students for contact information, which in other cases can be used as an additional login option. Therefore, if you have a student account and forget or lose your password, you will be permanently unable to access that account. However if there is a parent account or a teacher account linked with your student account, the parent and the teacher can reset your password.

If you have a student account, then it may be linked with a parent account or a teacher account. If a student account is linked in such a way, the parent can request the deletion of the student account. In that case, 99math will delete the student account permanently.

If you create a parent or a teacher account, you certify that you are at least 18 years old. If you link your parent account or teacher account to a student account, you certify that you are either the parent/legal guardian or teacher of that student.

We have the right to terminate, suspend or disable your account, if you breach any of these Terms in any way. We may do so immediately, without giving prior notice and without any liability arising out of it. When your account is terminated, your right to use 99math will immediately cease.

99math reserves the right to change or replace the system of accounts described in these Terms or the features an account can or cannot use.

If you wish to terminate your account yourself, you may do so by requesting it in writing.

Paid Subscription

Using 99math is free for all users, however users have the option of subscribing to a membership (“Premium account”). Premium account is paid for by a monthly fee. We will bill you automatically from the date you convert your account to a Premium account. You will be billed on each date of renewal until you cancel the Premium account.

You may cancel your Premium account subscription at any time and without giving us a reason. No refunds are issued, unless expressly stated by law (for example, in the case where a EU citizen uses their right of withdrawal within 14 days of subscribing). No refunds are issued if your account is terminated by 99math because you have breached these Terms or when you have requested the termination of your account yourself.

The premium account gives the user access to special content and analytics. When you cancel your Premium account, you will lose access to all special content and the advanced analytics.

99math reserves the right to change the subscription fees. We will give you an advance notice of 30 days via email before we raise any fees.

Your Responsibilities

You agree not to misuse 99math’s website or app or help someone else in doing so. Misuse is considered to mean, but not limited to, doing or attempting to do the following:

- accessing 99maths’s platform or areas of the platform that are not publicly available, or available to a user without an account or to user with a different account; - disrupting the use of 99math by a virus, overloading, spamming, or any other malicious attack; - circumventing security or authentication measures; - testing the vulnerability of 99math’s software or network; - using automated means (e.g scripts, bots) to play games; - impersonating another person; - using the platform to stalk another person or access their personal data; - harassing other users or 99math employees or representatives; - creating accounts in bulk or by automated means (e.g scripts, bots); or - violating the law in any other way.

Your username or nickname must not be harmful, insulting, obscene, sexually explicit or unlawful in any other way.

No Warranties

We try to provide the best service possible. There are still certain things that may happen, in business and practice, that will not allow us to do so. Therefore 99math is provided "as is" and we make no warranties of any kind about 99math, whether express or implied, to the fullest extent permitted by law. That includes no warranties of merchantability, fitness for a particular purpose, non-infringement, completeness, availability, compatibility, accuracy, safety or security.

We cannot and do not warrant that the service will be free of errors, that errors will be fixed in a time suitable for you, or that 99math can be used uninterrupted. Any information that is received from 99math but not expressly stated in these Terms does not constitute or create a warranty.

Indemnity

You agree that you will indemnify, defend and hold harmless 99math, its representatives, directors, owners and employees for any and all claims, demands and lawsuits arising out of your use of 99math. Such indemnity includes the payment of attorneys’ fees and cost of other legal aid if you have given a cause for action due to not complying with these Terms. If your actions may cause harm to 99math, then you must cooperate with 99math’s defense.

Liability

You agree that you use 99math at your own risk. We limit our liability for damages to the maximum extent that is permissible by law. 99 math is not liable for any indirect, incidental, punitive or consequential damage. 99math is also not liable for any loss of data, business or profits. Our liability is however not limited in cases where the damages are caused intentionally by us or due to gross negligence on our part. In no event shall the liability for damages exceed 100 euros.

99math is not liable for damages caused by, but not limited to, the following:

- personal injury or property damage resulting from your use of 99math; - interruptions to your use of 99math; - any unauthorized access to 99math’s servers or the information stored in them; or - bugs, viruses, Trojan horses etc., which are transmitted through 99math.

99math may have links to external websites. 99math has no control over any such website, its quality or legality. Therefore we are not liable for any damages caused by visiting such websites.

When using 99math for school purposes, you must keep in mind that 99math will in no case be an intermediary between a teacher or a school and a student. If you are a student and you were unable to complete your assignments due to a failure on 99math’s part, then you must bring that up and solve the issue with your teacher.

Other Provisions

Changes to 99math. 99math reserves the right to modify, suspend or discontinue 99math at any time and for any time. 99math is not liable for any damages that may be caused because of that. Liability is limited to refunds for prepaid subscriptions in the case where 99math is permanently discontinued, in which case the paid fee will be refunded pro rata to the time remaining until the end of prepaid subscription.

Changes to the Terms. 99math reserves the right to modify these Terms at any time and to any extent. All changes are effective immediately or, if specified otherwise, at a later date. Please check the Terms regularly to make sure that you are using 99math in compliance with the Terms. If you are unhappy with the changes, then you must stop using 99math. Continuing to use or access 99math after the updates come into effect means that you agree to be bound by the new Terms.

Resolving disputes. You agree that if you have any complaints against 99math, you will first try to resolve them with us informally and out of court. You must contact us via email and describe your complaint. We will answer you in 14 days and try to solve the complaint. You must provide us with additional information about your complaint when necessary. You may file an official claim against us only if we are unable to solve your complaint or refuse to do it, or if we do not reply to you in due time.

Governing law and jurisdiction. These Terms and all claims, complaints and actions related to these Terms or 99math’s platforms are governed by the laws of the Republic of Estonia. You and 99math agree that any judicial proceedings will be taken to and held in Harju County Court in Tallinn, Estonia. Your local consumer laws may give you an option for a different judicial forum in case of a conflict of laws.

Notices. Notices (requests, complaints etc.) must be served predominantly via email. If communication via email is impossible, only then will either party use traditional mail. You must notify us of any change to your email or mail address, if you have given us one beforehand.

Severability. If any of the provisions laid out in these Terms is found to be invalid, void or unenforceable under whichever applicable law, then it shall not have an effect on the validity of other provisions of these Terms. In such an event, the invalid provision shall be changed and interpreted so that it accomplishes the original intent of the provision as much as legally possible.

Entire Agreement. These Terms constitute the entire agreement between you and 99math, unless there is a written and signed agreement beside these Terms. Otherwise, the Terms supersede all prior communications and agreements.

Contact Information

For any questions, requests or complaints, please contact us at:

99math OÜ Suve street 2-51 10149 Tallinn, Estonia Phone: +1 718 618 4260 hello@99math.com