Last updated: March 1, 2024.
Terms of Use
Please Read Carefully
THESE TERMS OF USE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU OR THE COMPANY YOU REPRESENT (COLLECTIVELY “CUSTOMER,” “YOU,” OR “YOUR”), AND MATHPIX, INC., A DELAWARE CORPORATION (“MATHPIX,” “US,” “WE,” OR “OUR”) GOVERNING YOUR USE OF THE MATHPIX WEBSITE (“SITE”), APPLICATIONS OR OTHER ONLINE SERVICES (“COLLECTIVELY, THE “SERVICES”). IF YOU ARE USING ANY OF THE SERVICES AS A VISITOR, THEN BY USING SUCH SERVICES YOU AGREE THAT SUCH USE CONSTITUTES YOUR ASSENT TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE. SOME PARTS OF THE SERVICES ARE ONLY AVAILABLE IF YOU HAVE REGISTERED FOR AN ACCOUT. IF YOU CREATE AN ACCOUNT OR REGISTER A PRODUCT USING THE SERVICES, YOU UNDERSTAND THAT BY CLICKING THE “REGISTER” OR “I ACCEPT” OR SIMILAR BUTTON, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION TO LAWFULLY ENTER INTO CONTRACTS. IF YOUR ACCEPTANCE OF THESE TERMS OF USE IS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS OF USE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY AS WELL AS TO YOURSELF. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR THE OTHER SERVICES.
WE MAY CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF SERVICE AT ANY TIME BY NOTIFYING YOU OF THE CHANGE IN WRITING (INCLUDING BY EMAIL OR BY UPDATING THE DATE ABOVE AFTER “LAST UPDATED ON”). SUCH CHANGES WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE PRIOR TO EACH USE OF THE SITE. YOUR USE OF THE SERVICES FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE AS CHANGED. THESE TERMS OF USE APPLY TO THE USE OF THE MATHPIX SERVICES AND DO NOT EXTEND TO ANY LINKED THIRD PARTY SITES, APPLICATIONS OR OTHER ONLINE SERVICES. IN THESE TERMS OF USE, “WE” AND “US” AND MEAN MATHPIX, AND “YOU” MEANS THE PERSON USING THE SERVICES, YOUR ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AS WELL AS THE ORGANIZATION OR COMPANY ON WHOSE BEHALF YOU MAY BE ACTING WHEN YOU ACCESS ANY OF THE SERVICES. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY MATHPIX.
Account
You are fully responsible for all activities that occur in connection with Your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security. You further agree that You will not permit others, including those whose accounts have been terminated, to access any of the Services using Your account. You grant Mathpix, its affiliated companies, and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use Your information in connection with the operation of the Services and in the provision of the Services to You. Mathpix cannot and does not assume any responsibility or liability for any information You submit, or Your or any third parties’ use or misuse of information transmitted or received using any of the Services. To learn more about how We protect the privacy of the personal information in Your account, please visit Our Privacy Policy here.
Permitted Uses
You may use the Services as described on the Mathpix website or Mathpix documentation related to the Services, subject to Your compliance with these Terms of Use.
Prohibited Uses
We trust You to use Our Services responsibly and in return You agree not to misuse the Services. You agree You will not use the Services to do, or attempt to do, any the following things: (i) using the Sites or Services in contravention of any other agreement to which You are a party, including without limitation any employment agreement to which You may be a party; (ii) access, tamper with, or use non-public areas of the Service, shared areas of the Service You are not authorized to use, or any computer systems of the Services or Mathpix’s suppliers or assisting anyone else to do any of the foregoing; (iii) sharing Your password or login with any other person; (iv) logging onto a server or account(s) that You are not authorized to access; (v) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting Your identity or affiliation with any person or entity; (vi) emulating or faking usage of the Sites or the Service; (vii) violating or attempting to violate any security features of the Sites or the Service; (viii) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Sites; (ix) intentionally introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Sites or the Service; (x) interfering or attempting to interfere with the use of the Sites by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” “hacking,” “phishing,” or “crashing” the Sites or the Service; (xi) causing, allowing or assisting machines, bots, or automated services to access or use the Sites or the Service without the express written permission of Mathpix ; (xii) tampering with the operation, functionality, or the security of the Sites or the Service; (xiii) attempting to override or circumvent any security or usage rules embedded into the Sites or the Service that permit digital materials to be protected; (xix) attempting to probe, scan, or test the vulnerability of the Sites or the Service, or any associated system or network, or breach any security or authentication measures; (xx) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Sites or the Service; (xxi) harvesting or collecting e-mail addresses or other contact information of other users or clients from the Sites or the Service by electronic or other means; (xxii) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Sites or the Service or any Mathpix intellectual; or (xxiii) in a way that harms Mathpix or Mathpix’s members, affiliates, partners, sponsors or vendors, or other users of the Services.
Mathpix reserves the right to suspend or terminate access to users who share their account with others or violate any of the above restrictions.
Use Restrictions
By accessing or using our Services, You agree not to reverse engineer, decompile, disassemble, or in any way attempt to extract the source code, underlying algorithms, models, or systems of our software. You recognize and acknowledge that all intellectual property rights, including copyrights, patents, and trade secrets in our software, are the exclusive property of Mathpix. Nothing in these Terms of Use shall be construed as granting You any rights, license, or ownership interest in the software, except as expressly stated herein. You may not under any circumstance use output to develop models that compete with Mathpix. In the event of a breach of this agreement, including but not limited to unauthorized disclosure or reverse engineering of the software, You shall be entitled to seek injunctive relief and/or monetary damages to the fullest extent permitted by law. The provisions of this agreement regarding restrictions on reverse engineering shall survive the termination or expiration of these Terms of Use for any reason.
Automation (Snip Apps)
You may not use the Apps to programmatically send API requests from a computer program. If You wish to programmatically send API requests to Our servers, You must use Mathpix OCR. Mathpix reserves the right to suspend or terminate access to users who use Snip to programmatically send API requests from a computer program. Extra Snips are under Our sole discretion and can be added or removed for any reason.
Content
We make no representations or warranties of any kind as to the accuracy, currency, or completeness of the information and other materials made available through the Services. We are not liable for any decisions You may make in reliance on this content.
User Content
"User Content" means any information and content that a user uses with the Services (including any information entered in any open text field). This includes any content or submission that You post, submit, make available, provide or otherwise share with Us on Our website. Examples include any text, code, photos, videos, or other media or content.
You assume all risks associated with the use of Your User Content. If Your User Content contains information relating to an identified or identifiable individual, You represent that Your collection and use of it complies with all applicable laws, including all laws regarding privacy and rights of publicity, and You remain responsible for any disclosure of Your User Content that personally identifies You or any third party. Unless otherwise specified, We are not obligated to backup any User Content. You are solely responsible for creating and maintaining Your own backup copies of Your User Content if You desire.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against You in Our sole discretion if You violate any provision of these Terms of Use. Such action may include terminating Your account.
You should not submit or provide any confidential, private or personal information (other than Your contact details if You wish to receive an answer to Your query) in any open text field.
To the extent that You provide User Content, You hereby grant Us (and represent and warrant that You have the right to grant) a perpetual, irrevocable, non-exclusive, royalty-free and fully- paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works and otherwise use and exploit such User Content, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. For the User Content You provide, We will not remove any copyright notices or the names of authors from such User Content. This is a license only – You retain ownership in Your User Content.
You acknowledge that much of the information and content available on the Mathpix website have not been verified or approved by Us. Views which may be expressed by other users on the Mathpix website do not represent Our views or values. Although We reserve the right to review or remove all content that appears on the website, We do not necessarily review all of it. If We remove any of Your User Content, We will let You know and explain any options You have to request another review, unless You seriously or repeatedly violate these Terms of Use or if doing so may expose Us or others to legal liability, harm Our community of users, compromise or interfere with the integrity or operation of the website, where We are restricted due to technical limitations, or where We are prohibited from doing so for legal reasons.
To help support Our community, We encourage You to report to Us content or conduct that You believe violates Your rights (including intellectual property rights) or Our Terms of Use and policies.
Feedback
You may at Your discretion provide Mathpix with verbal feedback and/or written feedback related to Your use of the Services, including, but not limited to, a report of any errors which You may discover in the Services or any related documentation. User Content is expressly excluded from Feedback. Such reports, and any other materials, information, ideas, concepts, feedback and know-how provided by You to Mathpix concerning the Services, and any information reported automatically through the Services to Mathpix (“Feedback”) will be the property of Mathpix. You agree to assign, and hereby assign, all rights, title and interest worldwide in the Feedback, and the related intellectual property rights, to Mathpix and agree to assist Mathpix, at Mathpix’s expense, in perfecting and enforcing such rights.
Ownership and Licenses
You own the intellectual property rights (things like copyright or trademarks) in any User Content that You create and share on the website. Nothing in these Terms of Use takes away Your ownership rights You have to Your own User Content. Any use by Us of Your User Content is subject to these Terms of Use.
Excluding any User Content that You may provide, You acknowledge that as between You and Mathpix, all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and their content, including without limitation any Mathpix and third party logos and all other documents, videos, text, graphics, pictures, information and other content (collectively, “Services Materials”), are owned by Us, Our suppliers, partners and/or third party licensors. For the avoidance of doubt, Mathpix does not claim ownership of User Content You submit for inclusion in or through Our Services.
Neither these Terms of Use nor Your access to the Services transfers to You or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in these Terms of Use.
We grant You a limited, nonexclusive license (without the right to sublicense) to download and reproduce Services Material documents that are specifically made available on or in the Services for the general public to download (“public documents”), provided that any copyright notices on each page of public document reproductions are reproduced in full. Such license is subject to these Terms of Use and excludes: (i) any resale of the Services or any Services Materials; (ii) any distribution, public performance or public display of any Services Materials, other than sharing copies of public documents as provided by these Terms of Use; (iii) modifying or otherwise making any derivative works of the Services or any Services Materials; (iv) use of any data mining, robots or similar data gathering or extraction, automated account registration, or account utilization methods; or (v) downloading (other than the page caching) of any portion of any of the Services, the Services Materials (except as provided above) or any information contained therein. Any use of the Services or Services Materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license.
Statistics and Artificial Intelligence. “Statistics” means any anonymous data, expressly excluding personally identifiable data subject to the Mathpix Privacy Policy, that Mathpix derives through the Services. You acknowledge and agree that Mathpix may use Statistics for the modification, enhancement, and improvement of the Services, and for the marketing or promotion of Mathpix or any future product or service offering, provided any such use of Statistics by Mathpix cannot reasonably be identified as Your aggregate information alone. You further acknowledge and agree that the Data Services may now or in the future utilize or rely on artificial intelligence components and other forms of machine learning or data analytics used by Mathpix and its suppliers. You acknowledge and agree that Mathpix may use the Statistics and any information gained through its use of artificial intelligence, machine learning, or general analytical tools (which is not personally identifiable information subject to the Mathpix Privacy Policy) for any purpose, and that, as between You and Mathpix, Mathpix will exclusively own all such information, Statistics and all intellectual property rights therein.
Copyright
We respect intellectual property rights. If You believe in good faith that Your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide Our designated agent with the following information in writing:
- identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
- identification of the allegedly infringing material and information reasonably sufficient to permit Us to locate the material;
- Your name, address and a daytime telephone number, and an email address if available, so that We may contact You if necessary;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agent may be reached by contacting:
Ms. Kaitlin Cunningham
Mathpix Inc.
60 Broadway (Suite 101)
Brooklyn New York, 11249
Phone: (917) 297-6199
Email: copyright@mathpix.com
Upon receipt of a valid notice of claimed infringement or any statement in conformance with 17 U.S.C. § 512(c)(3), We will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright.
Cancellation and Termination
It is Your responsibility to properly cancel Your Mathpix Account. You can cancel Your account at any time. You can cancel Your individual Mathpix account or cancel Your Organizational account by going to Your account Settings and choosing Delete Account. You can disable Your Mathpix OCR API keys by going to Your dashboard and then choosing to disable the feature. Please note that any outstanding charges, if applicable, will be charged to Your payment method on file at the time of cancellation.
Upon cancellation, all account and billing information will be removed from Our database. Please note that canceling Your account is an irreversible action. Mathpix cannot recover cancelled accounts.
Upgrades, Downgrades, Changes
For individual subscriptions:
- You will be charged immediately when You upgrade from the Free plan to any paid plan.
- If You downgrade from any paid plan to the Free plan, that change will take effect on the next monthly billing date so that all days already paid for can be used.
- You may change Your subscription at any time by going to Your subscription settings.
For organizational subscriptions:
- If You add seats in the middle of a billing term, You will be charged the pro-rated amount for the remainder of the billing term.
- If You remove seats in the middle of a billing term, You will be issued an account credit based on the pro-rated amount of the billing term to be used towards future invoices.
- You may change Your subscription at any time by going to Your organization settings.
Billing Schedule; Refunds
Individual subscriptions (monthly and yearly):
For monthly and yearly subscriptions to the Free plan, payment information is not required and You will never be charged.
For monthly and yearly subscriptions to the Pro plan, payment information is required. You will be charged in advance on a monthly or yearly basis respectively. This charge is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an active account. In order to treat everyone equally, no exceptions will be made.
Organizational subscriptions (monthly and yearly):
For monthly and yearly subscriptions to the Pro plan, payment information is required. You will be charged in advance on a monthly or yearly basis respectively. This charge is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an active account. In order to treat everyone equally, no exceptions will be made.
Please see Upgrades, Downgrades, Changes section for more information about changing Your subscription mid-billing term.
Mathpix OCR Pay As You Go accounts:
You will be charged on the first day of each month for all requests made in the previous month based on Our pricing scheme. There will be no refunds or credits for requests made from Your API key from a bad actor or hacker. In order to treat everyone equally, no exceptions will be made.
Mathpix OCR Enterprise accounts:
Billing schedule and refund policy can be found in Your Enterprise Agreement.
Authorization and Resposibility for Payment
By agreeing to these Terms, You are giving Mathpix permission to charge Your on-file credit card, PayPal account, or other approved methods of payment for fees that You authorize.
You are responsible for all fees associated with Your use of any Mathpix Service. By agreeing to these terms, You agree to pay Mathpix any charge incurred in connection with Your use of any Mathpix Service. If You dispute the matter, contact Mathpix Support. You are responsible for providing Us with a valid means of payment for paid Accounts. Mathpix has the right to suspend or terminate access to any Mathpix Service if a valid means of payment is not available.
Individual Mathpix accounts on the Free plan are not required to provide payment information.
Account Information
You agree to provide true, accurate, current, and complete information when creating or updating Your account to use Our Services. It is Your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If You provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or We have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, We reserve the right to suspend or terminate Your account without notice and to refuse any and all current and future use of the Services.
Indemnification
You agree to defend, indemnify and hold harmless Mathpix, its employees, directors, officers, representatives, customer and those of its affiliated companies, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to Your use or misuse of any of the Services, Your violation of these Terms of Use, Your use of User Content, any alleged infringement, misappropriation or violation of any intellectual property right, publicity right, right of privacy or other right of any person or entity in connection with any User Content or other materials that You provide or make available through the Service.
Termination
These Terms of Use are effective until terminated by either party. If You no longer agree to be bound by these Terms of Use, You must cease use of all of the Services. If You’re dissatisfied with the Services, their content, or any of the terms, conditions and policies contained in the these Terms of Use or Our Privacy Policy, Your sole legal remedy is to discontinue using the Services.
WARRANTY DISCLAIMER
THE MATHPIX SERVICES, THE SERVICES MATERIALS, AND ANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MATHPIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY. MATHPIX MAKES NO REPRESENTATIONS OR WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF ANY OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MATHPIX MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE LONGER OF THIRTY (30) DAYS FROM THE DATE OF YOUR FIRST USE OR THE MINIMUM DURATION ALLOWED BY LAW; BUT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION, AND WHICH ARE NOT MODIFIED BY THIS CLAUSE TO THE EXTENT THAT DOING SO WOULD BREACH SUCH APPLICABLE LAW.
Limitations of Liability
Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MATHPIX OR ANY OF ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, SERVICES MATERIALS OR CONTENT, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH ANY OF THE SERVICES OR FOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages. THE TOTAL AGGREGATE LIABILITY OF MATHPIX’S OR ANY OF ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS OR SUPPLIERS FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, AGENCY, WARRANTY, TRESPASS, OR ANY OTHER THEORY OF LIABILITY, WILL BE LIMITED TO ONE HUNDRED DOLLARS (US $100.00).
Allocation of Risk and Material Term. THESE PROVISIONS ON LIMITATIONS OF LIABILITY WILL SURVIVE TERMINATION OF THE AGREEMENT. THESE LIMITATIONS ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN YOU AND MATHPIX AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN US AND AN ESSENTIAL ELEMENT OF MATHPIX’S WILLINGNESS TO ENTER INTO THIS AGREEMENT. THE FEES PROVIDED FOR IN THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND THE LIMITATIONS OF LIABILITY AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
General
Mathpix is based in the United States. Mathpix makes no claims that the content on the Services is appropriate or may be downloaded outside of the United States. Access to the Services Materials may not be legal by certain persons or in certain countries. If You access any of the Services from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
Force Majeure. Neither party will be liable to the other for any breach of these Terms which arises because of any circumstances which the defaulting party cannot reasonably be expected to control (which shall include but not be limited to, any act of god (including pandemic), fire, casualty, flood, war, labor disputes, governmental action, failure of public services, interruption or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing) but, for the avoidance of doubt, shall not include shortage or lack of available funds, provided it promptly notifies the other party of such circumstances.
Assignment. You may not assign these Terms or any of Your rights or obligations hereunder by operation of law or otherwise, and any such attempt is void. Mathpix may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Electronic Communications. Information communicated through the Site(s) as part of the Services constitutes an electronic communication. When You communicate with Mathpix through the Site(s) or other forms of electronic media, such as e-mail, You are communicating with Mathpix electronically. You agree that Mathpix, on behalf of itself and others who may be involved with delivering the Services, may communicate electronically by e-mail and/or may make communications available to You by posting them on the Site(s), and that such communications, as well as notices, disclosures, agreements and other communications that We provide to You by such means are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Mathpix.
Notices. Notices and communications to Mathpix must be sent to support@mathpix.com.
Mathpix will send any notices to You at the e-mail You provided in Your Authorized User profile.
Notices sent by email shall be delivered to the email addresses designated by a party during the term of this Agreement and shall be deemed effective upon confirmation of delivery by a “read receipt” or other such notice of delivery generated by the applicable email system, but in any event, by reply of the recipient of such notice.
Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the substantive and procedural laws of the Commonwealth of Massachusetts as applied to agreements entered into and to be performed entirely within the Commonwealth of Massachusetts between Massachusetts residents, without giving effect to any conflict of law principles that would require the application of the substantive or procedural laws of a different jurisdiction. In the event that any dispute between the parties arises out of or is related to any of the provisions of this Agreement, and/or the performance or termination thereof, the prevailing party in any such action will recover all of its costs, including reasonable attorneys’ fees. The parties agree that United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to this Agreement. Any claims for emergency or preliminary injunctive relief may be brought in any court of competent jurisdiction. All other disputes, claims or controversy arising out of or relating to this Agreement, or the interpretation, making, performance, breach or termination thereof, will be subject to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts, or if there is federal jurisdiction, the United States District Court for the District of Massachusetts, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts and the parties hereby waive all defenses based upon forum non conveniens, improper venue, or personal jurisdiction.
Entire Agreement. These Terms, together with the Mathpix Privacy Policy, constitute the entire and exclusive agreement between You and Mathpix with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services or any part thereof. Any use of the term “including” in these Terms means “including without limitation”. These Terms create no third party beneficiary rights. Mathpix’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Mathpix and You are not legal partners or agents; instead, our relationship is that of independent contractors.
Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
Links to Other Materials
The website and the other Services may contain links or other connections to websites, applications or other online services owned or operated by independent third parties. These links or other connections are provided for Your convenience and reference only. We do not control such sites, applications or other online services, and, therefore, We are not responsible for any content posted on or in such sites, applications or other online services. The fact that Mathpix offers such links or other connections should not be construed in any way as an endorsement, authorization, or sponsorship of such site, application or other online service, its content or the companies or products or services referenced therein, and Mathpix reserves the right to note its lack of affiliation, sponsorship, or endorsement on via in the Services. If You decide to access any of the third party sites, applications or other online services linked or otherwise connected to the Services, You do this entirely at Your own risk. Because some sites, applications and other online services employ automated search results or otherwise link You to sites, applications or other online services containing information that may be deemed inappropriate or offensive, Mathpix cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, applications or online services, and You hereby irrevocably waive any claim against Us with respect to such sites, applications or other online services.
Privacy Policy
Please visit mathpix.com/privacy to read Our Privacy Policy.
Contact Us
If You have any questions regarding privacy while using the Services, or have questions about Our practices, please contact Us via email at support@mathpix.com.