Terms and Conditions
Effective date: February 10, 2024
Welcome to MathChimp – our platform designed to accelerate your online learning experience. MathChimp, an advanced study tool to accelerate your online learning experience, is accessed via a subscription fee. By agreeing to these Terms and Conditions, you will acknowledge that this tool is meant to assist in guiding you to arrive at positive outcomes in the context or learning and educational environments, but does not represent or warrant as to the accuracy of any information accessed, which is provided on an “as is” basis, or guarantee any outcome.
Please read these Terms and Conditions carefully, and keep a copy of them for your reference.
The mathchimp.ai website (the "Site"), along with mobile applications, extensions, platform-specific applications, or other interactive features that post a link to the Terms and Conditions (each one a “Service”) are collectively operated by OTM Technologies LLC, a Wyoming Corporation (referred to herein as “OTM Technologies” or “we” or “our”). The Site and each Service are collectively described herein as the “Services.”
The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained at this link (the "Terms"). By agreeing to these Terms, you also agree to the terms of our Privacy Policy [https://mathchimp.ai/privacy-policy]. Before using the Services, please review our Privacy Policy. All personal information provided to us as a result of your use of the Services will be handled in accordance with our Privacy Policy, which also governs the Services and informs users of our data collection practices, and is incorporated by reference herein. By using the Services, you agree to comply with and be bound by these Terms. If at any point you do not agree to these Terms, your access or use of the Services is no longer permitted. These Terms govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them, and regardless of whether you are a registered user or a guest.
By clicking "I Accept" or by using the Services, you agree to the Terms. If you do not agree to the Terms, you are not authorized to use the Services and you must cease all such use immediately.
You may be asked to agree to additional terms governing your use of the certain categories of the Services, including, for example, a subscription agreement or other terms of sale. You may be asked to consent to special terms by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement differ from these Terms, the terms of the click-through agreement will supplement or amend these Terms, but only with respect to the matters governed by the click-through agreement.
PLEASE NOTE: The Services provided by MathChimp are designed to assist in the studying process, and are not intended as a substitute for any educational requirement, or as evidence of your performance of any coursework or assignment. You are responsible for your own use of the Services, and to ensure that you are familiar with and compliant with all relevant school or institutional policies applicable to your use of the Services.
Electronic Communications
Using the Services or sending emails to OTM Technologies constitutes an electronic communication. OTM Technologies or its affiliated agents may also communicate with you electronically by email, calls or text messages, using contact information you provide through our Services. You consent to receive communications from OTM Technologies or its agents electronically and specifically agree that we may send emails to your devices and place calls or send texts to your telephone using automatic dialing/announcing/messaging equipment or an artificial or prerecorded voice. You also agree that we may make calls or place texts to your mobile telephone. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OTM Technologies is not responsible for third party access to your account that results from theft or misappropriation of your account. OTM Technologies and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
OTM Technologies does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under the age of 18, you may use the Services only with permission of a parent or guardian, and review these Terms with a parent or guardian to ensure that you understand and agree to it.
Payments and Payment Processing
Validation: OTM Technologies may require users of the Services to provide a valid method of payment (e.g., credit or debit card, PayPal account, etc.) tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to OTM Technologies) or upon ordering Services. If a method of payment is required, you are responsible for ensuring that a valid method of payment is associated with your OTM Technologies account at all times (either the original method of payment or a replacement). To confirm your method of payment is valid, OTM Technologies may initiate a "pending" charge on the account. This charge will not be confirmed and, therefore, you will not be charged, and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this pending charge may be initiated each time you edit the payment information for your account or place an order that cannot be processed.
Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). OTM Technologies will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. OTM Technologies may store your method of payment and you hereby acknowledge and agree that OTM Technologies may charge you for, and you will pay for, any charges specified on the Services. You also agree that we may, at our discretion, send your account to a collection agency, and except where prohibited by local law, recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to OTM Technologies.
Cancellation/Refund Policy
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please submit a support request here.
Links to Third Party Sites/Third Party Services
The Services may provide links to other websites or platforms operated by third parties (“Linked Sites”). Because we have no control over Linked Sites, we are not responsible for the availability of those Linked Sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from Linked Sites. OTM Technologies is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from Linked Sites. These Terms do not apply to your use of Linked Sites or any material obtained through Linked Sites; your use of a Linked Sites is subject to the terms and policies of the owner of that site.
OTM Technologies is not responsible for any link contained in a Linked Site, or any changes or updates to a Linked Site. OTM Technologies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OTM Technologies of the site or any association with its operators.
Certain services made available via the Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that OTM Technologies may share such information and data with any third party with whom OTM Technologies has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers.
No Unlawful or Prohibited Use/Intellectual Property
Ownership of Services and Content
The Services, including all text, images, designs, logos, information, and ideas specifically originating from OTM Technologies (the “Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. Except for third party content linked to through the Services, unless otherwise noted all Content and corresponding intellectual property rights belong to OTM Technologies or are included with the permission of the rights owner and are protected pursuant to applicable copyright and trademark laws.
The presence of any Content available through the Services does not constitute a waiver of any rights and you do not acquire ownership rights to any Content viewed through the Services. Except as otherwise provided, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, without our prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use the Services and to display, download, or print portions of the Services on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Trademarks
The OTM Technologies name and logos, all product and service names, all graphics, all button icons, and all service marks and logos appearing within the Services, except for third party content linked through the Services, or unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of OTM Technologies. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the OTM Technologies marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured or linked within the Services without the prior written permission from the owners. The use of the OTM Technologies marks or other trademarks, product names, company names, logos, service marks and/or trade dress, except as expressly permitted, is prohibited.
Removal of Content
You can seek removal of objectionable User Generated Content (“UGC”) by contacting us at legal@mathchimp.ai. We will review all requests and remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms and Conditions and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from the Services may remain on back-up servers. OTM Technologies disclaims all liability for any UGC displayed on these Services and does not in any way endorse, support or otherwise control UGC.
Violation of Copyrights
OTM Technologies does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work or the work of a third party for whom you are authorized to act is featured on the Services or has been otherwise copied and made available on the Services in a manner that constitutes copyright infringement, please notify us immediately. Your notice needs be in writing and include:
· an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics);
· your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
· a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your statement must be addressed as follows:
Attn: DMCA Notice
OTM Technologies LLC.
30 N Gould St Ste R, Sheridan, WY 82801
Email: example@gmail.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA is insufficient notice and does not confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Prohibited Uses of the Materials on Our Services
The Services may only be used for lawful purposes in accordance with these Terms. As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or otherwise prohibited by relevant law and these Terms. YOU MAY NOT:
· Copy, reproduce, or modify any portion of the Services or their Content;
· Use the Services or their Content for any unauthorized commercial purpose, including but not limited to infringing the intellectual property rights of OTM Technologies or others;
· Use data extraction, scraping, mining or other data gathering tools to remove, copy, store or change the Content on the Services
· Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that OTM Technologies endorses any statement you make;
· Conduct fraudulent activities on the Services;
· Violate or attempt to violate the security of the Services, whether in an automated fashion or through other means, including: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Services; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Services, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (iv) forging any header or any part of the header information in any email or posting; or (v) forging communications on behalf of the Services;
· Tamper with the Services or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Services or any activity being conducted on the Services;
· Use the Services to abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights;
· Harvest or collect personally identifiable information about other users of the Services; or
· Remove any copyright, trademark or other proprietary rights notice from the Services or materials originating from the Services.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on any of the Services. The Content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use the Content solely for your personal use, and will make no other use of the Content without the express written permission of OTM Technologies. You agree that you do not acquire any ownership rights in any Content. We do not grant you any licenses, express or implied, to the intellectual property of OTM Technologies or any third party except as expressly authorized by these Terms.
Disclaimer of Warranties
The Services are provided by OTM Technologies on an “as is” basis, without representations or warranties of any kind. OTM Technologies makes no representations or warranties of any kind, express or implied, as to the operation of the Services, the accuracy or completeness of the Content, or that correspondence sent from OTM Technologies are free of malware or other harmful components. You expressly agree that your use of the Services is at your sole risk. To the full extent permitted by law OTM Technologies disclaims any and all representations and warranties with respect to the Services and the Content, including without limitation warranties of title, merchantability, and fitness for a particular purpose or use.
OTM Technologies does not warrant that descriptions or other content provided by or through the Services is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
International Users
The Services are controlled, operated and administered by OTM Technologies from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations. The Services may be subject to the export control laws of the United States or other relevant jurisdiction which requires any export license or other governmental approval prior to exporting such materials, product, or content. In particular, but without limitation, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders; or (c) to any other party that may be subject to any export controls or embargo restrictions applicable in your jurisdiction. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Further, by using any of the Services, you represent and warrant that you are not on any United States or other government list of restricted or prohibited persons with whom a United States company or a company offering business in your jurisdiction may do business.
Governing Law, Jurisdiction and Venue
These Terms will be governed under the laws of the State of Wyoming without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms will be venued exclusively in federal court in Wyoming. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating.
Indemnification
You agree to indemnify, defend and hold harmless OTM Technologies LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OTM Technologies reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OTM Technologies in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and OTM Technologies agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The following limitation applies only to your use of the Services and does not affect any rights you have under the Uniform Commercial Code, rights you have pursuant to any subscription agreement, the Privacy Policy, or where prohibited by state or local law.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OTM TECHNOLOGIES INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OTM TECHNOLOGIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OTM TECHNOLOGIES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTM TECHNOLOGIES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OTM TECHNOLOGIES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
OTM Technologies reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wyoming and you hereby consent to the exclusive jurisdiction and venue of courts in Wyomin in all disputes arising out of or relating to the use of the Site. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OTM Technologies as a result of this agreement or use of the Site. OTM Technologies LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OTM Technologies LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by OTM Technologies with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OTM Technologies with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OTM Technologies with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
OTM Technologies reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. OTM Technologies encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
OTM Technologies welcomes your questions or comments regarding the Terms:
OTM Technologies 30 N Gould St Ste R, Sheridan, WY 82801.
Legal: legal@mathchimp.ai | Privacy: privacy@mathchimp.ai