Terms of Use

Math Shelf is a preschool and Kindergarten digital math program, which is owned by Early Learning Solutions Inc.  located at 22 Pearce Mitchell Place, Stanford, CA 94305. 

 The following Terms of Use, or “Terms” are the rules that govern use of the website and App operated and owned by Early Learning Solutions (“ELS”, “we”, “us”, “our”).  Specifically, the website https://mathshelf.com, and the mobile application Math Shelf (“App” “Software”) are products that may be accessed by students and or teachers. By downloading our App or otherwise using our Site, you and the entity that you represent, if applicable (“you”, “your”) agree to comply with and be bound by these Terms. This Agreement also incorporates by reference our Privacy Policy located at https://mathshelflearning.com/privacy.

1. Use of the Site and Software

Math Shelf was developed for use by students from pre-kindergarten, transitional Kindergarten, and Kindergarten (“Student(s)”), for the improvement of math-related skills and achievement.  Students are provided access to our Software and Sites through their parents, a tutor, or their school / preschool organization that utilize our service to assess Students’ progress and supplement Students’ mathematics learning.

Student Users. If you are a Student, you may only use the Site and Software with the consent and under the supervision of your parent, legal guardian, or teacher / school representative.

Teacher/Tutor Users, If you represent a school, you hereby represent, warrant, and covenant on behalf of such school that (a) you have the authority to disclose any Student Records (as defined under the Privacy Policy) provided to us for your Students hereunder, and have obtained all consents necessary for same, and (b) that you have not and will not breach any applicable laws in the collection, disclosure, or use of the Student Records hereunder.

School Users. For Students under 13 who will use the Site or Software, you expressly consent to the collection, use, and disclosure of personal information as set forth in our Privacy Policy from your Student users. You also agree to use the Site and Software as well as any Student information you collect from such Site and/or Software in accordance with our Privacy Policy and all applicable laws. You agree and acknowledge that you will not use the Site or Software with any Student under 13 years old, unless you are an authorized representative of that Student’s Organization, with authority to consent to the collection, use and disclosure of personal information from such Student.

Acceptable Use Policies. You agree to use the Site or Software in accordance with all applicable laws. You agree that you will not use the Site or Software for organized partisan political activities. You further agree that you will not post, upload, transmit, distribute, store, create or otherwise publish through any Site, or through any other ELS computing resources:

  • Content that defames or threatens others
  • Statements that are bigoted, hateful or racially offensive
  • Content that discusses illegal activities with the intent to commit them
  • Content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
  • Material that contains vulgar or obscene language or images
  • Advertising, promotional materials, or any form of commercial solicitation

You also may not:

  • harvest or otherwise collect personal information about users, including e-mail addresses, without their consent.
  • use any robot, spider, crawler, scraper, bots or other automated means to access or use the Sites
  • introduce or attempt to introduce software viruses, worms, backdoors or any other computer codes, files, or programming instruction or set of instructions that are designed or intended to disrupt, disable, harm, interfere or otherwise adversely affect any computer programs, software, firmware, hardware, mobile devices, wireless devices, computer systems, data or operations.

Subject to your compliance with the Terms, ELS grants you a personal, non- exclusive, non-transferable subscription to (a) if you are a Student, or parent or legal guardian or tutor or a teacher of a Student, using the App; and (b) access and use of the Site, including the contents and materials on the Site, including reports generated from the Software, for your internal personal purposes, and not for commercial resale, sublicensing, time-sharing or service bureau usage. You may access the App and Site only for your own personal, non-commercial uses described herein. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any materials on the Site, including the Software. Any resale, redistribution, or publication of the Software or other contents on the Site, or any modifications or derivative works is prohibited. The burden of determining that use of any information, software or any other content on the Site is permissible rests with you.

Subject to the terms above, certain reports generated by the Software may be downloaded onto your computer or device through the use of the Software. If you download or print a copy of such content for personal use, you must retain all copyright and other proprietary notices contained therein. The use of bots, crawlers, spiders, data miners, scraping and other automatic access tools to collect any content on the Site, including User Provider Materials, or otherwise access the Site is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or Software. Notwithstanding anything in the foregoing, you may not interfere copy, modify, distribute or reverse engineer, decompile or disassemble the App, Software, or Site, or make any derivative works based on the App, Software, or Site (including any customization, translation, or localization). Your compliance with the requirements in this paragraph is a condition to, and material inducement and consideration for, our granting you the right to download, access and use the App and Site.  Any unauthorized use or other activity by you in violation of these Terms of Use will cause the licenses granted to you to terminate immediately and automatically. Nothing in these Terms of Use transfers or otherwise grants any ownership rights from us to you any intellectual property rights of ELS; and all right, title and interest in, to and under any intellectual property rights in the Site, Software, User Provided Materials, or other materials on the Site will remain solely with Early Learning Solutions Inc.

2. Intellectual Property

ELS is the proprietary owner of the Site and App which includes:
  • the unique methodologies for generation of games for learning math;
  • the underlying code thereof;
  • all content contained in the Math Shelf app, which includes: functional, graphic, UX and UI, text, graphics, images, illustrations, designs, icons, photographs, video clips, audio, and other content materials
  • the Math Shelf trademark.

3. Subscriptions and Fees

For all users. You may be offered a free trial period upon registration; in which case, you will be providing your payment details upon creating the subscription, but you will only be charged following the end of the free trial period. The length and the extent of access provided during the free trial period may be altered from time to time as per the Company’s sole discretion.

App Store. In order to get access to Math Shelf, you are required to choose one of the possible subscription plans (a “Plan”): (i) Yearly - Following the lapse of a one-year period, subscription automatically renews for an additional one year period. (ii) Monthly - Following the lapse of one-month period, subscription automatically renews for an additional one-month period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You may cancel the subscription at any time, and upon the completion of your current subscription period, in accordance with your Plan, the subscription shall not be renewed. No refund shall be paid.

Subscriptions purchased inside the Math Shelf app are managed directly by the applicable App Store. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Early Learning Solutions Inc. relies on the App Store to collect subscription fees and to report on the status of subscription accounts that have been purchased from within the app. Early Learning Solutions Inc. does not have the ability to manage any aspect of an App Store subscription on your behalf, including, but not limited to initiating, canceling or refunding subscriptions.

Payment for a subscription will be charged to your App Store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen on your device after purchase. An active subscription may not be cancelled.  When a subscription is purchased on the App Store a unique number is assigned to you automatically called (a "Token”). The Token cannot be used to reconstruct your payment credentials data, and is retained by us for a sole purpose of processing your future purchases.

Early Learning Solutions Inc. does not provide full or partial refunds for prepaid subscription intervals, regardless of duration.  The Company does not accept returns of Products purchased under a subscription plan.

For School applications. In case of Commercial use by Schools you shall be required to sign an offline order form that shall govern the commercial terms of School's subscription.

4. Choice of Law; Dispute Resolution; No Class Actions.

Governing Law; Arbitration.  You agree that any dispute arising out of or relating to these Terms will be governed by the laws of the State of California, excluding any conflicts of law provisions to the contrary, as well as all applicable federal laws, including the Federal Arbitration Act. Except as provided in this paragraph with respect to requests for injunctive relief, any controversy, claim or dispute arising out of these Terms or your use of Math Shelf shall be resolved by final and binding arbitration. Such arbitration shall take place in Santa Clara County, California, and shall be administered by a single arbitrator pursuant to the JAMS Comprehensive Arbitration Rules and Procedures. The arbitrator shall be empowered to award any form of individual relief, including injunctive relief. In order to keep costs down for both you and us, hearings may, at our request, be conducted telephonically or entirely upon submissions.

 Causes of Action. YOU AND EARLY LEARNING SOLUTIONS INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO MATH SHELF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Class Action Waiver. In addition to the above, you waive the right to bring any Claim as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any Claim. If we prevail in any arbitration or proceeding to enforce this Agreement or arising out of your access to or use of Math Shelf, we shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including attorneys’ fees.

Third Party Beneficiaries. You acknowledge and agree that each of our partners and customers, which includes Schools with Students hereunder, is participating on the Site and App in reliance of its and your rights, remedies, and obligations under these Terms, including those of this paragraph, and each such entity will be a third-party beneficiary.

5. Disclaimers; Limitation of Liability

Disclaimers. ELS does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the information obtained from the Site or App. ELS does not warrant that Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through our Site is at your own risk. ELS makes no representation regarding your ability to transmit and receive information from or through the Site and you agree and acknowledge that your ability to access the Site and App may be impaired. ELS disclaims any and all liability resulting from or related to such events.

 THIS SITE, THE SOFTWARE AND ANY INFORMATION, PRODUCTS OR SERVICES HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.

Limitation of Liability. YOU AGREE THAT ELS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE AND APP, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE AND APP. IN PARTICULAR, ELS WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, 

YOUR USE OR INABILITY TO USE THE SITE AND APP, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. OUR AGGREGATE LIABILITY ARISING OUT THE SITES OR SERVICES WILL NOT EXCEED THE GREATER OF FIVE DOLLARS ($5) OR THE AMOUNT YOU HAVE PAID US IN THE PAST MONTH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Release.YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE ELS AND ITS PARNTERS, CUSTOMERS, SPONSORS, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF ANY OF THE SITES OR SOFTWARE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.

6. Your Account

If you use our Site or App you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer/mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of either your password(s) or account(s) or any other breach of security. ELS is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. You further agree that you will not permit others, including, without limitation, those whose accounts have been terminated, to access our Site or App using your account(s). ELS and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

7. Termination of Use

We may suspend or terminate your access to all or any part of the Site and App or Services, or block or disable your access or use at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, we may suspend or terminate your access to all or any part of the Site or Services, or block or disable your access or use of the App if (a) we believe, in our sole discretion that you are in breach of this Agreement or are acting in a manner that shows that you do not intend to, or are unable to, comply with the Terms and Conditions; (b) we are required to do so by law (for example, where the provision of Services to you is, or becomes, unlawful); (c) we elect to no longer provide the Site or Services to users in the state or country in which you are resident or from which you use the Site or Services; (d) we believe that your use of the Site or Services may infringe or violate the rights of a third party or subject us or one of our affiliates to civil or criminal liability or reputational harm; or (e) we believe such suspension or termination is necessary or appropriate to avoid harm to the Site, Services, or persons; in each such a case, no portion of your subscription payment will be refunded.

 If we suspend or terminate your access for no reason or for a reason other than those set forth in the preceding sentence, we will refund to you any unused portion of your subscription payment, if any, which will be your sole and exclusive remedy upon such suspension or termination. Termination may result, in our sole discretion, in the forfeiture and destruction of all information associated with your account. All Terms and Conditions that by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, shall so survive. If your account is cancelled or terminated for any reason, you will no longer be able to access information under your account.

8. General

Assignment. You will not assign any of your rights and obligations under these Terms of Use without our prior written consent. We reserve the right to assign or transfer our rights and obligations under this Agreement in connection with an acquisition by or merger with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding.

Severability. If any provision of these Terms of Use is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms of Use.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Early Learning Solution’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Mobile and Internet Usage. By using the Site or App from your mobile device, you understand that your wireless or internet services provider’s standard SMS, MMS and/or data rates will apply to your use of the Site or App. By using the Site or App, you agree to be responsible for any fees that are incurred as a result of your use of the Site or App. You hereby represent and warrant that you are the owner or authorized user of any mobile or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS, MMS and data charges.


Certain Third Party Terms.
 
You agree that, in addition to these Terms, your use of Apps may be subject to (a) the usage rules set forth in Amazon Appstore’s terms of use, Apple App Store’s terms of use, or Google Play’s terms of service, if you download Amazon Appstore, Apple App Store or Google Play, respectively; or (b) those of any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download or access the App.

Entire Agreement. These Terms, including our Privacy Policy, together with any legal notices or other terms or conditions published on the Sites or in the Software, as applicable constitute the entire agreement between you and ELS, and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

Amendments. We reserve the right to amend these Terms of Use at any time and any amendments, changes or modifications shall be effective immediately upon notice of them. It is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

Notices.All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on any of the Sites or sending an e-mail to you at the e-mail address that is currently associated with your account if you have one. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent to:

 Contact. Company’s address is 22 Pearce Mitchell Place, Stanford, CA 94305. For any question, query, or complaint, you may contact us at info@mathshelf.com

Updated December 15, 2021.