Terms of Service

1. Introduction

Our Services consist of the Photomath application that helps users to solve math problems (the “Application”), and the related website located at photomath.com (the “Site”), including all content provided through the Application and/or the Site. When we speak of “Photomath”, “we”, “us” and “our” we mean Photomath LLC and its affiliates.

These Terms of Service (collectively, the “Terms”) govern your use of the Services. These Terms help define the relationship between you and Photomath. It is important that you read and understand the Terms because to use the Services you must accept these Terms. If you do not accept or understand the Terms, please do not use, download, access or register with the Services. Besides these Terms, we also publish a privacy policy at photomath.com/privacy. We encourage you to read it to better understand how you can update, manage and delete your information.

As used in these Terms, “you” and “user” means the individual or entity using the Service. To use our Service on behalf of an entity, you must be authorized to accept these Terms on behalf of that entity.

If you have any questions about these Terms or our Privacy Policy, please see our contact information in Section 19 (Contact).

We wish to remind you that the Photomath Application is an educational tool and should be used as an aid and learning tool. Using it for cheating on exams or homework will primarily hurt you, as you will not properly learn math and math thinking. Be smart and use it only for your advancements in math learning. Not cheating.

2. Modifications to the Services and these Terms

2.1 As part of the continual evolution of our Service, we may make modifications such as adding or removing features and functionalities, increasing or decreasing usage limits, and offering new content or services or discontinuing old ones. We may also change our Service for these other reasons: (1) to adapt to new technologies, (2) to reflect increases or decreases in the number of people who use our Service, (3) to respond to key changes in the licenses and partnerships we have with others, (4) to prevent abuse or harm or (5) to address legal, regulatory, or security issues. From time to time we make legally required updates, which are modifications that keep the Service in conformity with the law. We make these updates for safety or security reasons, and to make sure the Service meets the quality standards that you expect. We may automatically install updates that address significant safety or security risks. For other updates, you can choose whether you want them installed. If a modification negatively affects your ability to access or use our Service, or if we stop offering a service all together, we’ll provide you with reasonable advance notice, including a description of the changes, when they’ll take place, and your right to end your contract with us if our modifications create more than a minor negative impact.

2.2 From time to time, we may modify or amend these Terms (1) to reflect changes in our Service – for example, when we add new features, technologies, pricing or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. If we do so, we will post any such modifications or changes in the Service. You can tell when changes have been made and will be effective by referring to the “Effective” date legend on top of this page. If we materially change the Terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new feature or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new Terms, you should stop using our Service and you must promptly uninstall and delete all copies of the Application.

3. Eligibility; User Accounts

Use of the Service is subject to your continued compliance with these Terms. The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. If you are considered a minor in your country, you must have your parent or legal guardian’s permission to use the Service.

Please have your parent or legal guardian read these Terms with you. If you’re a parent or legal guardian, and you allow your child to use the Service, then these Terms apply to you and you’re responsible for your child’s activity on the Service.

You must use the Service in compliance with any and all applicable laws and regulations including export control and sanctions. Use of the Service is unauthorized in any jurisdiction where the Service or any part of it may violate any laws or regulations. You may not access or use the Service in such jurisdictions.

You must not provide inaccurate, misleading or false information in connection with your use of the Service.

You are responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for data usage on an Internet service provider’s or a wireless carrier’s network.

4. Third Party Material

The Services may contain links to websites and content owned and/or operated by third parties. Such links and content are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over them.

5. Intellectual Property

The Services include content that belongs to Photomath. You may use Photomath’s content as allowed by these Terms but we retain any intellectual property rights we have in our content. Don’t remove, obscure or alter any branding, logos or legal notices. No portion of the Services may be reproduced in any form or by any means.

6. License Grant and Restrictions

We grant you the right to:

• (a) use the Services solely for your personal, non-commercial use; and

• (b) download and install a copy of the Application onto any authorized device you own and control.

You may not:

• (a) copy, reproduce, modify or create derivative works of the Services in whole or in part;

• (b) sell, rent, lease, distribute, transfer, sublicense, lend or otherwise assign any rights to, or any part of, the Services to any third party or otherwise commercially exploit the Services;

• (c) make the Services available to multiple users by any means, including without limitation by uploading the Services to a file-sharing service or other type of hosting service or by otherwise making the Services available over a network where it could be used by multiple devices at the same time;

• (d) disassemble, decompile, reverse engineer, or attempt to derive the source code of any part of the Services, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You agree to comply with any technical restrictions in the Services that allow you to use the Services only in certain ways;

• (e) access the Services in order to build a similar or competitive service;

• (f) scrape, build databases or otherwise create permanent copies of any content derived from the Services, or collect any data incorporated in the Services in any automated manner such as through the use of bots, spiders, crawlers or any other automated means;

• (g) exploit the Services in any unauthorized way, by trespass or burdening network capacity; or

• (h) use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

The list below contains examples of behaviors that are prohibited in the Services:

• (a) impersonating another person or entity;

• (b) accessing or using the Services in an unlawful way or for any unlawful purpose;

• (c) transmitting any data, materials, content or information that is libelous, defamatory, obscene, fraudulent, false, contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;

• (d) transmitting viruses, malware, or other malicious code in the Services;

and

• (e) interfering with, or disrupting, the Services.

7. User Content

When you use the Services, you may generate User Content. “User Content” means any content created by you, such as any text, math problems, photographs, pictures, data and information, or other content that you submit or is automatically submitted to the Services including photographs and videos of math problems.

You have no obligation to provide any content to our Services. If you choose to upload or share content, then you grant us a perpetual, irrevocable, non-exclusive, worldwide, transferable, royalty-free and fully paid right and license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, incorporate into other works and otherwise use and commercially exploit any User Content in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You agree to permanently waive any claims and declarations of moral rights or attribution with respect to your User Content to the extent such waiver is permitted by law.

You are solely responsible for your User Content, including complying with all laws applicable to your User Content. You may not submit to the Service any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal User Content, or any User Content that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

Examples of Prohibited User Content

The following types of User Content are examples of User Content that is prohibited in the Service:

• User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• Harassing User Content;

• “Junk mail”, “chain letters,” or “spam”;

• User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and

• User Content of commercial nature without authorization from us.

If we reasonably believe that any of your User Content (1) breaches these Terms, (2) violates applicable law or (3) could harm our users, third parties, or Photomath, then we reserve the right to take down some or all of that content in accordance with applicable law.

If you see any material in the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at support@photomath.com.

For instructions on how to report intellectual property issues, please see Section 8 (“Copyright Infringement”) below.

User Feedback

Any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Service (“Feedback”) that you choose to provide to us is not considered “User Content”, and we may act on the Feedback without obligation to you.

8. Copyright Infringement

We undertake to obey relevant copyright laws. If you believe copyright-protected work was posted on the Service without authorization, you may submit a copyright infringement notification. We will review all claims of copyright infringement received and remove User Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

1. the name and contact information of the copyright holder or his/her representative who is making the notification (the “Notifying Party”);

2. an itemization of the material, for which prevention of access is requested, and details of the location of the material. Please provide enough detail for us to locate the allegedly infringing content on the Service;

3. confirmation by the Notifying Party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network;

4. information concerning the fact that the Notifying Party has in vain submitted its request to the content provider or that the content provider could not be identified;

5. confirmation by the Notifying Party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right;

6. signature of the Notifying Party.

Claims can be sent to support@photomath.com.

9. Privacy and Security

Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy (photomath.com/privacy) and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you. We want to maintain a respectful environment for everyone, which means that you must follow these basic rules of conduct:

• Respect the privacy of other users;

• Do not engage in unauthorized collection of users’ content or information, and do not otherwise access the Services by automated means (including so-called bots or scrapers) without an authorization from us;

• Do not reveal any personal data related to another individual, including a person’s address, phone number, e-mail address, photograph, credit card number or any information that may otherwise be used to track, contact or impersonate another individual; and

• Do not provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission.

10. Purchases and Payments

Photomath makes certain premium features or content, including Photomath Plus, available for purchase (each a “Paid Service”). The Paid Services will be billed through Google Play Store or iOS App Store. Each time you place an order for a Paid Service (including when you order a subscription) you will enter into a separate contract for that particular Paid Service on these Terms.

No cost trials

We may offer no-cost trials for a Paid Service to subscribers from time to time. If you purchase a Paid Service that includes access to a trial, you will receive access to the Paid Service for the duration of the trial period. At the end of the trial period, you will be automatically charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel your subscription before the end of the trial period. Please note that if you purchase a subscription for a Paid Service that includes a no-cost trial, the period during which you can exercise a withdrawal right (and request a refund if applicable) begins at the beginning of the trial, not when you are subsequently billed for the subscription.

Cancellations and refunds

You may cancel a Paid Service by following the steps outlined here. Once you’ve cancelled, you won’t be charged again and your benefits will continue until the end of the billing cycle. After that point, you will no longer be able to use your benefits.

Paid Services purchased through the Google Play Store are subject to the refund process and policies located at: https://support.google.com/googleplay/answer/2479637. Paid Services purchased through the iOS App Store are subject to the refund process and policies located at: https://support.apple.com/en-us/HT204084. Except as otherwise stated in these Terms, or the Google Play Store and iOS App Store refund policies, if you cancel a Paid Service you will not be eligible for a refund (or any alternative remedy) unless the Paid Services are defective, unavailable, or don’t perform as stated.

Price increases

When you purchase a Paid Service, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of a recurring Paid Service, such as a subscription, increases later, we will notify you. The increase will apply to the next payment due from you following such notice, provided that you have been given at least 30 days’ prior notice before the change is made. If you are given less than 30 days’ prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription prior to the next billing date as described above.

Taxes

If Photomath is required to collect or pay any taxes in connection with your purchase of a Paid Service, such taxes will be charged to you at the time of each purchase transaction.

11. Legal guarantee, warranties and disclaimers

For EEA-based consumers only:If you’re an EEA-based consumer and you’ve agreed to our Terms, then EEA consumer laws provide you with a legal guarantee covering the Service that we provide you. Under this guarantee, we’re liable for any lack of conformity that you discover within two years of the one-time supply of digital content or at any time during the “continuous” supply of the Service.

Your national laws may provide an even longer guarantee. Your rights under these legal guarantees aren’t limited by any other commercial guarantees that we provide. If you want to make a guarantee claim, please contact us.

For US-based users only:

IF YOU’RE A US-BASED USER, THEN TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

For all other users:

We provide our Services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.

The only commitments we make about our Services (including the content in the Services, the specific functions of our Services, or their reliability, availability, or ability to meet your needs) are provided in (1) this warranty section; and (2) laws that can’t be limited by these Terms.

12. Translations

Part of the Service has been translated from English to other languages for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as an ancillary service to users of the Service, and might sometimes be inaccurate. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

13. Liability

These Terms only limit our responsibilities as allowed by applicable law. These Terms don’t limit liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct.

Other than the liabilities described above, we are liable only for our breaches of these Terms, subject to applicable law.

If you’re a business user or an entity:

• To the extent allowed by applicable law, you’ll indemnify us for any third-party legal proceedings arising out of or relating to your unlawful use of the Service or violation of these Terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

• We won’t be responsible for the following liabilities: loss of profits, revenues, business opportunities, goodwill, or anticipated savings, indirect or consequential loss, or punitive damages.

• Our total liability to you for any and all claims arising from these terms shall under no circumstances exceed the fees, if any, that you have paid to us for access to and use of the service.

• In some jurisdictions the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law. Nothing in these Terms removes or supersedes your rights as a consumer based on mandatory provisions of law.

14. Entire Agreement

These Terms contain the entire understanding between You and Photomath, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.

15. Waiver and Severability

Our failure to exercise any rights under these Terms shall not constitute a waiver of such rights. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

16. Governing Law and Resolution of Disputes

If you’re a resident of, or an organization based in, the European Economic Area (EEA), the United Kingdom, or Switzerland, these Terms and your relationship with Photomath under these Terms are governed by the laws of your country of residence, and you can file legal disputes in your local courts.

If you’re an EEA-based consumer, please contact us to resolve issues directly. The European Commission also offers an Online Dispute Resolution Platform, which we accept if required by law.

If you are not a resident of or an organization based in, the European Economic Area (EEA), the United Kingdom, or Switzerland or an EEA-based consumer, then California law will govern all disputes arising out of or relating to these Terms regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Photomath consent to personal jurisdiction in those courts.

17. Assignment

We may transfer our obligations under these Terms, in whole or in part, to any person or entity at any time without your consent as long as it does not reduce your guarantees.

18. Termination

We reserve the right terminate or suspend your access to the Service if any of these things happen: (1) you materially or repeatedly breach these Terms, (2) we’re required to do so to comply with a legal requirement or a court order, (3) we reasonably believe that your conduct causes harm or liability to a user, third party or Photomath or (4) you are a repeat copyright infringer. If you believe your access to the Service has been suspended or terminated in error, please contact us. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

Of course, you’re always free to stop using our Service at any time. If you’re an EEA/UK-based consumer, you can also withdraw from these Terms within 14 days of accepting them.

EEA right of withdrawalIf you’re an EEA-based consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

UK right of withdrawalIf you’re purchasing Paid Services as a UK-based consumer, you have the right by law to withdraw from contracts for purchases of services within 14 days without giving any reason. The withdrawal period will expire 14 days after the conclusion of the contract.

EEA and UK instructions on withdrawalTo exercise the right of withdrawal, you must inform us (at Photomath d.o.o., Strojarska cesta 20, Zagreb, Croatia, or by phone +39 091 804 9595 or by email at support@photomath.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawalIf you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, we may deduct from the reimbursement an amount that is in proportion to the services provided before you communicated to us your withdrawal from this contract.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

• To Photomath d.o.o., Strojarska cesta 20, Zagreb, Croatia, support@photomath.com:

• I hereby give notice that I withdraw from my contract for the provision of the following service,

• Ordered on,

• Order ID / email address used for the payment (if any),

• Name of consumer,

• Address of consumer,

• Signature of consumer (only if this form is notified on paper),

• Date

19. Contact

The Service is operated and provided by Photomath LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043 USA. In the EEA and Switzerland, the Service is operated and provided by Photomath d.o.o., Strojarska cesta 20, Zagreb, Croatia, OIB 20161538488. If you have any questions about these Terms, please contact us at support@photomath.com or check our contact details under the “About us” section of our website or app.