Effective: June 3, 2015
Last updated: June 3, 2015
Mathrawk, LLC ("Mathrawk") is a limited liability company organized under the laws of the State of Wyoming, U.S.A., with a usual place of business located in the Kanagawa Prefecture, Japan.
These Terms of Service ("Terms") govern your access to and use of: (1) Mathrawk software and services made available through this mobile application (collectively, the "Service" or "Services").
BY ACCESSING OR USING THE SERVICES, YOU: (1) AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT; (2) REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY, RIGHT, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT; AND (3) REPRESENT AND WARRANT THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE ANY UNITED STATES OR OTHER APPLICABLE LAWS OR REGULATIONS.
YOUR ACCESS TO AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
In an effort to make this document more readable, we use some shorthand definitions as follows:
If you have not attained the age of majority in your jurisdiction, you may access or use the Services only if:
Additionally, regardless of your age, you may access or use the Services only if:
3. Account Registration
Account registration is required to use the Services. When registering an account, you will be asked to provide certain information about yourself, including your phone number. Some of this requested information is required for registration. You may not register an account unless you submit all required registration information.
By registering an account with us, you represent and warrant that:
4. Permitted Use
Subject to these Terms, we grant you a non-exclusive, non-transferable license to:
The foregoing non-exclusive and non-transferable license is referred to herein as the "Permitted Use." The provision of the Services for the Permitted Use does not make either party an agent or a partner of the other party, and does not make you the owner of any temporary, virtual phone number assigned to you in connection with the Services.
Your license to access and use the Services for the Permitted Use is subject to the following additional restrictions:
You are solely responsible for communications and content you choose to send and receive through the Services. We reserve the right, at our sole discretion, to review and monitor usage of, investigate, take legal action against, report to authorities, remove unlawful content received or uploaded by, and/or suspend or terminate the account of, any User who we in good faith believe has violated or will violate the foregoing restrictions.
6. "911" or Other Emergency Calls Unavailable
Mathrawk does not offer "911" or other emergency calling in connection with the Services. You acknowledge and agree that the Services are not a substitute for traditional telephone services designed to support "911" or other emergency calling, and that you will not rely on the Services for "911" or other emergency calling capability. You further acknowledge and agree that when employing the Services for the Permitted Use, you will at all times have available additional mobile or landline phone services that support "911" or other emergency calling.
7. General Service Limits
You acknowledge and agree that Mathrawk may establish general limits applicable to the Services ("General Service Limits"), including without limitation a maximum period of time that a particular virtual phone number or other content will be retained by or available through the Services, and the maximum server storage space allocated to each User. We are not responsible for, and may not be held liable for, any unavailability of the Services, deletion of data, or failure to store data, due to General Service Limits.
You acknowledge and agree that the Services are provided to you at fee rates set forth in the Services and our App. You agree to pay all such fees when due in accordance with the terms set forth to you through the Services and App.
You acknowledge and agree that you are responsible for paying all charges, including but not limited to any local, long distance, toll-free, roaming, and/or directory assistance charges made by your phone service carrier ("Carrier"), and all taxes and surcharges imposed on either you or us, as a result of your use of the Services.
9. Virtual Phone Number Availability
We do not guarantee that any specific virtual phone number you request will be available or remain available. We reserve the right, at any time, and at our sole discretion, to change or reassign any virtual phone number previously assigned to you, with or without prior notice to you. We will not be liable for reimbursement of any expenses you may incur as a result of assignment or reassignment of a virtual phone number, including but not limited to any business card, stationary, event booking, press release, or advertisement expenses, or any other expenses or damages, including consequential or special damages, allegedly resulting from the unavailability, assignment, or reassignment of any particular virtual phone number.
10. No Storage Obligations
The provision of the Services for the Permitted Use does not obligate us to store your voicemails, sent or received calls, sent or received text messages, or other content or information transmitted through the Services. You acknowledge and agree that we have no responsibility or liability to you for the failure to store, or the deletion of, any voicemails, sent or received calls, sent or received text messages, or other content or information transmitted through the Services.
11. Modification of Services
We reserve the right, at our sole discretion, to modify, suspend, alter fee rates, or discontinue the Services, or any part thereof, including without limitation any General Service Limits applicable to you, at any time, with or without notice to you. You acknowledge and agree that we will not be liable to you or to any third party for any expenses or damages, including consequential or special damages, allegedly resulting from suspension, modification, altered fee rates, or discontinuance of the Services, or any part thereof.
12. Account Security
We employ industry-standard practices to protect the integrity and security of your account. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security practices and access your account or personal information. You acknowledge and agree that you access and use the Services, and provide your personal information, at your own risk.
You agree to promptly notify us concerning any unauthorized use, breach of security, or suspected unauthorized use or breach of your account. You agree to keep your account login information confidential and not access or use another User’s account without his or her express permission. We are not liable for any loss or damage arising from your failure to comply with these requirements.
13. Services Device Transfer
In the event you transfer a smartphone, computer, tablet, or other device on which you access the Services to a new owner, your right to use the Services in connection with the transferred device automatically terminates. If the new owner wishes to use the Services, he or she must promptly register for a separate account with us and must agree to these Terms as a condition to his or her access to or use of the Services in connection with the transferred Device. The new owner has no right to access or use the Services under your account, and you agree not to direct or permit the new owner to access or use the Services under your account.
14. Software Updates
We may from time to time develop patches, bug fixes, updates, and upgrades to improve the performance of the Services ("Software Updates"). You acknowledge and agree that you may be required to install Software Updates, and that Software Updates may be automatically installed on your behalf, in order to continue accessing or using the Services. If you do not want required Software Updates, your sole remedy is to stop using the Services.
15. Intellectual Property
You acknowledge and agree that all intellectual property used or displayed in the Services, including any copyrights, patents, trademarks, logos, service marks, and trade secrets (collectively, the "Intellectual Property"), is owned by Mathrawk or its licensors. The provision of the Services for the Permitted Use does not transfer to you or to any third party any right, title, or interest in the Intellectual Property. Mathrawk and its licensors reserve all rights in their respective Intellectual Property. You are not permitted to use any trademarks, logos, or service marks displayed or used in the Services without the prior written consent of each respective rights holder.
16. Idea Submissions
You may choose to submit, or we may invite you to submit, comments, suggestions, designs, or ideas about existing or potential Mathrawk products or services (collectively, "Idea Submissions"). You agree that regardless of any representations you make at the time of disclosure or at any time thereafter, any Idea Submissions you make are voluntary, gratuitous, without restriction, and will not place us under any fiduciary or other obligation. You further agree that we are free to disclose your Idea Submissions and use your Idea Submissions without any obligation to compensate you.
17. Third Party App Store Providers
You acknowledge and agree that the availability and usability of the Services may be dependent on certain third party service providers that operate platforms from which you download and operate the Services, including without limitation the Google Play from Google, Inc. and the App Store from Apple, Inc. (collectively, "App Store Providers"). You acknowledge and agree that these Terms are between you and Mathrawk and not with any App Store Provider. App Store Providers may have their own terms and conditions to which you must agree before downloading and using apps, including the Mobile Apps. You agree to comply with, and your right to access or use the Services is conditioned upon your compliance with, any applicable App Store Provider terms and conditions. To the extent App Store Provider terms and conditions are less restrictive than or otherwise conflict with these Terms, the conflicting provisions in these Terms apply with respect to your access to and use of the Services.
18. Carrier and Other Third Party Providers and Equipment
19. Third Party Websites
The Services may contain links to third party websites ("Third Party Websites"). Third Party Websites are not under our control. We provide these links as a convenience and do not monitor, review, approve, endorse, warrant, or make any other representations with respect to Third Party Websites.
20. WARRANTY DISCLAIMERS; SERVICES AVAILABLE "AS IS"
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. MATHRAWK AND ITS LICENSORS AND SUPPLIERS DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
MATHRAWK AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (1) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (2) WILL BE COMPATIBLE WITH YOUR SOFTWARE, COMPUTER, MOBILE DEVICE, PHONE, OR OTHER HARDWARE; (3) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (4) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) WILL BE ACCURATE OR RELIABLE. NO REPRESENTATION, ADVICE, OR INFORMATION OBTAINED BY YOU FROM MATHRAWK OR THOUGH THE SERVICES WILL CREATE ANY WARRANTY WITH RESPECT TO THE SERVICES.
21. RELEASE FROM LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE MATHRAWK, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, CONSULTANTS, SUPPLIERS, AND DISTRIBUTORS FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, ACTUAL AND CONSEQUENTIAL, KNOWN AND UNKNOWN, PAST AND FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOLLOWING:
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542") IN CONNECTION WITH THE FOREGOING RELEASE.
SECTION 1542 STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
22. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MATHRAWK, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, CONSULTANTS, SUPPLIERS, AND DISTRIBUTORS SHALL NOT BE LIABLE FOR: (1) ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (2) LOSS OF PROFITS, DATA, REVENUE, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (3) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; AND/OR (4) DAMAGES RELATING TO ANY CONDUCT OF ANY THIRD PARTY USING THE SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCOUNT ACCESS OR OTHER ILLEGAL CONDUCT. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MATHRAWK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF MATHRAWK AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, CONSULTANTS, SUPPLIERS, AND DISTRIBUTORS FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES SHALL IN NO EVENT EXCEED THE FEES ACTUALLY PAID BY YOU TO MATHRAWK OR MATHRAWK’S AUTHORIZED RESELLER FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRIOR TO ACCRUAL OF THE APPLICABLE CLAIM. THIS LIMITATION IS CUMULATIVE AND IS NOT INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. MATHRAWK DISCLAIMS ALL LIABILITY OF ANY KIND WITH RESPECT TO MATHRAWK’S LICENSORS AND SUPPLIERS.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MATHRAWK, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND LICENSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND ASSIGNS (COLLECTIVELY, THE "INDEMNIFICATION PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, SUITS, AND ACTIONS, INCLUDING ANY RELATED LIABILITIES, DAMAGES, OBLIGATIONS, PENALTIES, FINES, LOSSES, JUDGMENTS, SETTLEMENTS, EXPENSES, INCLUDING ATTORNEYS’ AND ACCOUNTANTS’ FEES AND DISBURSEMENTS, AND COSTS INCURRED BY, BORNE BY, OR ASSERTED AGAINST THE INDEMNIFICATION PARTIES TO THE EXTENT SUCH CLAIMS IN ANY WAY ARISE OUT OF OR RESULT FROM YOUR ACCESS TO OR USE OF, OR YOUR ABILITY OR INABILITY TO ACCESS OR USE, THE SERVICES, OR YOUR VIOLATION OF THESE TERMS.
WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY AN INDEMNIED PARTY AND YOU AGREE TO COOPERATE WITH THE DEFENSE OF SUCH CLAIMS. YOU FURTHER AGREE THAT YOU WILL NOT TO SETTLE ANY SUCH CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
24. Governing Law
These Terms are made under, and any and all claims or disputes related to or arising from these Terms or your access to or use of the Services shall be governed and enforced in accordance with, the laws of the State of Wyoming, U.S.A., without giving effect to any conflict of laws principles that would cause the laws of another jurisdiction to be applied.
25. Binding Arbitration
Except for claims relating to our Intellectual Property, which may be brought in any court of competent jurisdiction without the posting of a bond, you acknowledge and agree that any claim or dispute related to or arising from these Terms or your access to or use of the Services shall be finally settled on an individual basis through binding arbitration conducted by the Judicial Arbitration and Mediation Service, Inc. ("JAMS") at a location mutually agreed upon by the parties, or, in the event the parties are unable to agree on a location for the arbitration, at a location chosen by JAMS. You acknowledge and agree that the arbitration shall be conducted in accordance with, as applicable, either the JAMS Streamlined Arbitration Rules & Procedures or the JAMS Comprehensive Arbitration Rules & Procedures and shall, at our exclusive choice and discretion, be conducted in person, telephonically, online, or solely based on written submissions. The procedure for initiating an arbitration claim with JAMS is explained at www.jamsadr.com. The arbitration shall be conducted in the English language and the arbitral decision shall be enforceable in any court of competent jurisdiction. Unless both you and Mathrawk agree otherwise, the arbitrator shall not consolidate more than one person’s claims, and shall not otherwise preside over any form of a representative or class proceeding. You acknowledge and agree that, by entering into these Terms, both you and Mathrawk are each waiving the right to a trial by jury, appeal, and to participate in a class action. The United States Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. In the event either the foregoing class action waiver or this arbitration provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void and you agree to submit to the personal jurisdiction of the summary courts of the Kanagawa Prefecture, Japan for the purpose of litigating any and all claims or disputes related to or arising from these Terms or your access to or use of the Services.
Notwithstanding the foregoing, you or Mathrawk may bring claims or disputes related to or arising from these Terms or your access to or use of the Services on an individual basis in the summary courts of the Kanagawa Prefecture, Japan to the extent said claims or disputes are subject to the small claims limitations and procedures of such courts. This arbitration provision shall survive termination of these Terms.
26. Term and Termination
These Terms remain in effect so long as you continue to access or use the Services, or until terminated in accordance with these Terms. If we believe in good faith that you may have violated or will violate these Terms, we may, at our sole discretion, with or without notice (1) immediately suspend your right to access or use the Services; and/or (2) immediately terminate these Terms. Upon termination of these Terms, your account and your license to access or use the Services automatically terminates.
27. Additional Guidelines
Some features of the Services may be subject to additional guidelines, terms, conditions, or rules (collectively, "Additional Guidelines"). Additional Guidelines, if any, will be communicated to you through the Services or our App in connection with such features. All such Additional Guidelines are incorporated by reference into these Terms.
29. Legal Requirements
Your account information, including Personally Identifiable Information, may be subject to legal requirements, including requirements to disclose account information to government authorities. We will disclose this information to law enforcement, or to comply with other legal requests, only when provided with facially sufficient and proper legal process.
We may also disclose your account information, including Personally Identifiable Information, if we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud or other crimes. In such instances, we will limit disclosure to that information which is necessary to accomplish the above purposes.
These Terms may not be assigned or otherwise transferred by you without our prior written consent. These Terms may be assigned by us without restriction and are binding upon any rightful assignee.
31. Open Source Software
Some items included in the Services may communicate with separate open source software packages that are licensed separately under the GNU General Public License or other open source software licenses (collectively, "Open Source Software"). These Terms do not restrict your right to copy, modify, and distribute Open Source Software we use, subject to the terms of the license applicable to the Open Source Software. When required by applicable licenses, we make Open Source Software and our modifications to it available to you upon written request to the mailing address listed below.
You acknowledge and agree that we may provide any required legal notices to you, at our sole discretion, via postal mail, email, or by posting of such notice to our App or the Services. You agree to notify us about any claim or dispute you have regarding the Services, or these Terms by emailing us at [email protected] or by phone at 314.403.7295.
33. Non-U.S. Users
In the event you access or use the Services from a location outside the United States, you agree and acknowledge that you are responsible for complying with any laws, regulations, or registration requirements in your jurisdiction that may impact your right to import, export, access, or use the Services. Information collected through the Services is stored and processed on servers located in the United States and is subject to United States data protection, privacy regulations, and other laws that may be different than those of other countries. By accessing or using the Services outside the United States, you are consenting to transfer and processing of your personal information in the United States subject to United States law.
34. California Residents
If you are a California resident, you may report complaints to the Department of Consumer Affairs, Consumer Information Division by writing to them at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
35. Entire Agreement and Severability
These Terms and any Additional Guidelines incorporated by reference herein constitute the entire agreement regarding the Services between you and Mathrawk. Except to the extent otherwise stated herein, if any provision of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of said provision and all remaining provisions of these Terms are severable and remain in effect to the maximum extent permitted by applicable law.
36. Non-Waiver and Section Titles
Any failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect
If you have any questions or concerns regarding these Terms or the Services, please contact us at:
ATTN: Anonymous Texting
1923 Bragg St #140-1322
Sanford, NC 27330