Terms of Use

Kindly read the following Terms and conditions that govern your use of the Matific Website (the "Website") as defined below.

Welcome to Matific educational platform, which is owned by Slate Science Technologies Pty Ltd. and operated by Slate Science Inc. 447 Kent Street, Suite 901 Sydney NSW 2000

1. General. Our Website is designed for a private use, by households, which can have their children play math games as these are available from time to time on the Website. In addition, the Website offers products and services designated for schools' ("School/s") and private tutors ("Tutors") use. These Terms of Use (the “Terms”) are a binding contract between you, the user, whether you are a parent a teacher or a School representative (the "User", "You") using the Website, and Slate Science Inc . 447 Kent Street, Suite 901 Sydney NSW 2000 and its Affiliates (hereinafter, collectively, the Company”, “Matific”; "we" "us"), governing your use of the Website. By using the Website, you are representing that you are of legal age in your place of residency, and you are agreeing to be bound by these Terms. If you are using our Website on behalf of a School, you also represent that you are empowered and duly authorized to bind the School to these Terms. If you do not agree with any of the Terms, you may not use the Website in any way. “Affiliates” with respect to a certain entity, are companies that are controlled by, under common control with, or controlling, the entity.
2. Your Permitted Uses. You may only use the Website as-is, in accordance with the functions available and as made available by the Company, and in accordance with and subject to these Terms. You are allowed to utilize the Website solely for its purpose. You may only make personal, non-commercial use of the Website. The owners of the Website remain the Company, and the rights you are granted here to use the Website do not include any interest or right of title in the Website.
3. The restrictions on use (things you are not allowed to do). You are not allowed in any way to do any of the following (and you are also not allowed to let or solicit anyone else do any of the following): (1) copy, reproduce, republish, frame, transmit, modify, display, reverse engineer, decompile, disassemble, sell, rent, lease, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, the Content (as defined below) (2) Use the Content for any commercial purpose, or for any public use. This means you are not allowed to use it in any way that is not a personal use, whether to generate revenues, or to promote any business in any way, or within any services that you provide to others (3) Remove any copyright or other proprietary notations from the Content (4) Transfer the Content or any part thereof to another person or machine. If you use the Website in violation of these Terms, the Company may terminate your license to use it, at any time and without prior notice.
4. Intellectual Property.
   
   

   A. Company’s proprietary content.

   The company is the proprietary owner of

   1) the unique methodologies for automatic generation of games for learning math;
   2) the underlying code thereof;
   3) All content contained in the Website, which includes the Website's’ design (functional, graphic, UX and UI), text, graphics, images, illustrations, designs, icons, photographs, video clips, audio, and other content materials
   4) The Matificâ trademark.

   B. Third Party Materials.

   The Company makes reference to materials and content owned by third parties (“Third Party Materials”).
   
   Any reference to Third Party Materials is made solely for the purpose of facilitating the Content to teachers and students.
   
   The Content and Third Party Materials are protected by copyrights, trademarks, and/or any other intellectual property rights under any applicable laws.
   
   Any reference to Third Party Materials is made solely for facilitating the Content.
   (for Teachers and schools) you acknowledge that you have a valid license to use third party educational material as part of your educational curriculum program.

5. Disclaimer. The Website and Content are provided as is. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any promises or representations that using the Website will lead to certain results or achievements, and Company disclaims any warranties, express or implied, relating to any such outcomes. Company also disclaims any liability related to such use of the Website that is not sensible or appropriate under the circumstances, such as selecting levels that are not appropriate for the specific child’s age and level, excessive use of the Website, etc.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

7. Subscription and Fees.

   For the Web application (for households)

   1. In order to get an access to the Website, you are required to choose one of the possible subscription plans (a “Plan”): (i) Yearly - Following the lapse of one year period, subscription automatically renews for an additional one year period. (ii) Monthly - Following the lapse of one-month period, subscription automatically renews for an additional one month period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You may cancel the subscription at any time, and upon the completion of your current subscription period, in accordance with your Plan, the subscription shall not be renewed. No refund shall be paid. You can manage and cancel your subscriptions by going to your parent zone-child’s profile, after purchase. Please note, that when you discontinue the subscription, the parent account shall continue to be active, to allow you to add other children or renew the subscription if you wish (no charge is made unless an active subscription is purchased).
8. For School applications - in case of Commercial use by Schools - you shall be required to sign an offline order form that shall govern the commercial terms of School's subscription to our products.
9. For all users - You may be offered a free trial period upon registration; in which case, you will be providing your payment details upon creating the subscription, but you will only be charged following the end of the free trial period. The length and the extent of access provided to the Website features during the free trial period may be altered from time to time as per the Company’s sole discretion.

10. Payment Processor

    1. It is important that you know: Payment will be processed by a third-party payment processor (the "Payment Processor").
    2. Following an initial sign up or login process, you will be redirected to the Payment Processor's gateway embedded in our website. In addition to the details of your payment method, the Payment Processor might require you to provide additional information such as, but not limited to, your full name, address, etc.
    3. Please note that the information You provide to the Payment Processor is not kept with the Company, but rather by such Payment Processor with whom the Company is in contractual relationship and who is committed to the highest industry standards in payment processing.
    4. You confirm that you have reviewed and agreed to be bound by the terms and conditions of use of the Payment Processor (available here https://home.bluesnap.com/terms-and-conditions/) including its Privacy Policy which applies to the process of the information you provided to the Payment Processor, and in the event of a conflict between these Terms and Payment Processors' terms and conditions, then its terms and conditions shall prevail. You acknowledge that the Company is not a part of any payment process which occurs between you and the Payment Processor and you agree that the Company is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third-party in connection with your use of the Website.
    5. We do however store in our systems a unique number which will be assigned to you automatically by the Payment Process (the "Token”). The Token cannot be used to reconstruct your payment credentials data and is retained by us for a sole purpose of processing Your future purchases. For instance, it might be used to collect a payment for an additional one-year period or register an additional child.
11. Website Changes and Modifications. Company will make reasonable efforts to keep the Website operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Company may at its discretion, or as a result of technical, security, or legal or regulatory reasons, from time to time change the Website Materials without any notice, provided however that it shall maintain a consistent level of functionality and benefit as reasonably expected from the Website.
12. Terms Modifications. Company may revise these Terms at any time without notice. By using the Website, you are agreeing to be bound by the then current version of these Terms. In case of updating the fees, we will use email to update users about a change in price.

13. Privacy

    1. Whether you are a parent, a teacher, a School representative or a Tutor, Our Privacy Notice is an integral part of these Terms, and it describes how we process and use your personal data.
    2. For School users and Tutors - by having your faculty and students’ access and use the Website you signify your confirmation and acceptance of the following:
       1. As an educational institution, you are surely aware of the GDPR requirements that apply to you. Hence, you confirm that you have secured, prior to using the Website, all required consents and authorizations, whether required by any law, regulation, local legislation or internal procedures of your establishment, in order to use the platform and allow Matific to process any personal data that is provided by you, your faculty or your students and their parents, through the Website. Such consents were validly obtained, reasonably recently, and clearly extended to Matific or organizations very closely fitting Matific’s description
       2. The data protection agreement (“DPA”) available at Annex A - Matific DATA PROCESSING ADDENDUM, shall govern all personal data processing activities related to the operation of the Website and provision of the services related thereto, as processor of the Personal Data uploaded to the Website. Any information and reports provided to Customer under any provision of the DPA shall be treated by Customer as confidential information, and it shall not disclose such information to any third party, unless required under EU law, or permitted in writing by Matific, and Customer shall deploy reasonable standards of care to ensure such confidentiality and non-disclosure.
       3. Customers located in US and if are subject to the Family Educational Rights and Privacy Act ("FERPA"), represent and warrant the following: (i) in case student's information provided to Matific is considered part of the Education Record (as defined by FERPA), Customer has obtained prior written permission of the parent to share such information with Matific; and/or (ii) the Customer has provided annual public notice to the parents in accordance with FERPA terms advising them that information being shared with Matific is designated by the Customer as Directory Information (as defined by FERPA); and/or (iii) Matific is considered by the Customer to have legitimate educational interests as being School Officials (as defined by FERPA).
14. Governing Law. This Agreement is governed by and construed under the law in the State of New South Wales. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts which may hear appeals from those courts in respect of any proceedings in connection with this Agreement.
15. Changes to These Terms. We may change these terms from time to time. If we make significant changes, we will make that clear on the Site by by prominently posting a notice at log-in, or by some other means of contact such as email, so that you are able to review the changes before you continue to use the Site or Platform. If you wish to see an older version of these terms, please contact DPO@matific.com.
16. Contacts. Company’s address is 447 Kent Street, Suite 901 Sydney NSW 2000. For any question, query, or complaint, you may contact us at support@matific.com or by phone at +61 1300014419 (Sydney, Australia).