TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY BEFORE USING ANY ENUMA SERVICES. BY USING ANY OF OUR SERVICES AS DEFINED BELOW, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF SERVICE AND ANY MODIFICATIONS THERETO AND THAT YOU ARE AT LEAST AGE OF 18. ANYONE UNDER THE AGE OF 18 MUST HAVE A PARENT, LEGAL GUARDIAN OR AUTHORIZED SCHOOL OFFICIAL READ THIS AGREEMENT AND AGREE TO IT FOR YOU.
Welcome to your child’s or students’ personal learning revolution! Enuma® provides engaging and personalized educational apps for children under 13 years old. Our Services (defined below) include mobile applications, websites and other resources offered by us from time to time in connection with our Services.
1. GENERAL TERMS AND LICENSE
The Terms of Service of this agreement govern the relationship between you and Enuma, Inc. (“Enuma”) regarding your use of Enuma’s mobile application, educational content, games, related services, and websites (together, “Services”). “You” is in reference to you as the parent, legal guardian, or authorized school official, and your child or students to whom you have granted access to the Services.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU PERMIT YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU ARE A SCHOOL OFFICIAL OR EDUCATOR AND PERMIT A STUDENT’S USE OF THESE SERVICES, YOU AGREE THAT YOU ARE AUTHORIZED TO DO SO, AND THAT YOU ARE IN COMPLIANCE WITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA), AND YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Ability to Accept Terms of Service
Updates to the Terms of Service
Consent to Electronic Communications
Your registration and use of the Service constitutes consent to receiving electronic communications from Enuma and our Subscription Providers regarding your account. You agree that any such communications from either Enuma or our Subscription Providers will satisfy any legal requirements, such as that notice be provided to you in writing. You also consent to receiving promotional messages, offers, surveys, and requests electronically. If you no longer want to receive non-transactional communications, you may unsubscribe at any time using the link at the bottom of the electronic communication.
Limited License for Personal Use
Subject to your agreement and continuing compliance with these Terms of Service, Enuma grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Section 1 to access and use the Services for your own internal, personal, non-commercial purposes. You may not transfer your account to anyone else without our prior written permission. This license is granted subject to the following restrictions:
- You shall not create a parent or school account if you are under the age of 18;
- You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
One-Time Only Subscription, Recurring Monthly Subscriptions, Trial Periods or Free Access
Some Services may be offered to you on a One-Time Only Subscription basis or as a Recurring Monthly Subscription through mobile application stores (“Subscription Providers”) or our websites. If you elect to purchase subscription Services, you are expressly agreeing that you are authorizing us or our Subscription Providers to charge you the fee associated with the Services you have chosen. Furthermore, you warrant that your use of the particular credit card, payment by check, or other Enuma accepted payment method is authorized and that all information that you submit to us, Subscription Providers or any third party designated by us, is true and accurate (including, without limitation, your credit card number and expiration date); and you agree to pay all fees, including any applicable sales taxes, you incur. Payments are transacted through the mobile application stores directly or with Enuma by check or credit card, the latter we process through a designated third-party payment service.
Recurring Monthly Subscriptions
If you purchase a recurring monthly subscription, subscription and payment are processed by Subscription Providers. The Subscription Monthyly Fee will be billed first, at the later of the time you establish your Subscription or end of the trial period provided with the Subscription, and on an ongoing, monthly basis unless you cancel your Subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your Subscription. You may update your payment information with the Subscription Provider at any time by accessing your account with such Subscription Provider. If the credit card is declined, Subscription Provider will cancel your Recurring Subscription and email you.
You can cancel your Subscription at any time directly through the Subscription Provider. Please note that you must cancel your Subscription before it renews for a subsequent month in order to avoid being charged for the next month’s Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period. Deleting our mobile application from your device will not cancel a recurring subscription; you will continue to be charged. Any questions related to payments for subscriptions purchased through Subscription Providers shall be directed to the Subscription Providers.
Refunds will not be provided for any Recurring Monthly Subscriptions or subscriptions purchased directly from us. For One-Time Only Subscriptions, you can request a refund directly from the Subscription Provider according to their refund policies.
Any free access or trial period of our Services are still subject to this Terms of Service and in respect of free or trial periods of the Services, you bear the risk of use; such portions of Services may be changed, suspended, or blocked by us at any time without any notice to you.
Accessing the Services
By accessing or using any of the Enuma Services, including using any Enuma mobile application or browsing any Enuma website or dashboard, you accept and agree to these Terms of Service.
Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by these Terms of Service, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any Enuma Services is a violation of Enuma policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances:
- Engage in any act that Enuma deems to be in conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms of Service;
- Use the Services, intentionally or unintentionally, in connection with, or promotes, any violation of any applicable law or regulation;
- Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Service in any way not expressly permitted by these Terms of Service;
- Violate the security of any computer network, or crack any security encryption codes;
- Except where permitted by law, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Enuma; or
- Copy, modify or distribute rights or content from any Services or Enuma’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Service.
Suspension and Termination of Account and Services
Without limiting any other remedies, Enuma may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or if Enuma suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Services, with or without notice to you.
Termination of your account can include disabling your access to the Services.
Apps and Services
The Services may include intellectual property (including without limitation any content, games, titles, computer code, concepts, artwork, animations, sounds, musical composition, audio-visual effects, and methods of operations) that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, graphic images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. Enuma reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services except where third party attributions are made.
YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF SERVICE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SERVICES OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. YOU UNDERTAKE NOT TO DO ANY ACT OR THING WHICH IS INCONSISTENT WITH OR WHICH IS LIKELY IN ANY WAY TO PREJUDICE SUCH TITLE.
Parent and School Accounts
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of Enuma. However, any personally identifiable student data collected within the Teacher Dashboard shall be de-identified after a reasonable period of time subsequent to the end of the contract period.
Generally, accounts created with Enuma will be considered active until we receive your request to cancel or delete them or upon the end of a subscription or contract period for fee-based Services. We also reserve the right to terminate any account that has not been accessed for 180 days.
For customer service inquiries regarding our Services, please visit our Help Center FAQs by going to our websites. If you are unable to resolve your questions after reviewing the FAQs, contact us at email@example.com. For customer service matters relating to your Subscription purchased through a Subscription Provider, please contact the Subscription Provider directly.
2. UPDATES TO THE SERVICES
We are continuously adding games and improving our services; accordingly, the Services will change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts of the Services. We’ll try to give you notice, such as thru postings on our websites, messaging through our Services, or email messages when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Enuma may require that you accept updates to the Services you have installed on your mobile device. You acknowledge and agree that Enuma may update the Services with or without notifying you.
Disclaimer of Warranties
THE SERVICES AND ALL CONTENT AND GAMES CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Enuma is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Services or with respect to the information and material contained on these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.
Limitations of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENUMA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY PROVIDERS TO THE SERVICES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ENUMA OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Enuma’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Services.
You agree to indemnify, defend and hold harmless, Enuma and its officers, directors, employees, agents, and third party providers to the Services, from and against all losses, damages (actual and consequential), costs and expenses (including attorneys’ fees), arising from or in any way related to your use of the Services or any violation of these Terms of Service by you. You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Services.
4. DISPUTE RESOLUTION
You and Enuma agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services (“Claim”) in accordance with Subsection 4 or as Enuma and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law
This Agreement shall be treated as though it were executed and performed in Berkeley, California. The Agreement and the relationship between you and Enuma shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any legal controversy or claim arising out of or relating to this Agreement or the Services (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services, Inc. (JAMS). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.
Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Alameda County, California, or the Northern District of California.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
You and Enuma agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by an arbitrator or any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be in full force and effect.
6. GENERAL PROVISIONS
These Terms of Service contain the entire understanding of you and Enuma and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
We may notify you via postings on www.enuma.com, www.todomath.com or via email or messaging in our applications. All notices given by you or required from you under these Terms of Service shall be in writing and addressed to: firstname.lastname@example.org. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.