Terms and Conditions

1. About These Terms and Conditions

Houseofmath.com is owned and operated by House of Math AS («House of Math» or «Us»), a Norwegian company with organization number 936 203 477. House of Math AS has its registered address at Bygdøy allé 23, 0262 Oslo, Norway. You may contact us at support@houseofmath.com or by telephone at +47 22 150 300. By using the portal houseofmath.com ("Portal") or our services ("Services", and each individually a "Service"), you agree to these terms and conditions ("Terms and Conditions" or "Agreement"). Our processing of personal data is described in our Privacy Policy. These Terms and Conditions describe which rights and duties you have as a user of the Portal and our Services, and constitute an agreement between you as a user and House of Math. These Terms and Conditions apply as long as you use our Portal, until your account is deleted by you or by House of Math.

Are you accessing House of Math at the direction of a U.S. K-12 school? Please go directly to Section 23 (Special Provisions for U.S. K-12 Institutional Users). Section 23 applies to School User accounts automatically and takes precedence over any conflicting provision of these Terms and Conditions.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OFFERED BY HOUSE OF MATH. IF YOU RESIDE IN THE UNITED STATES, THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 13) THAT REQUIRES YOU TO RESOLVE MOST DISPUTES WITH HOUSE OF MATH ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 13. SECTION 13 DOES NOT APPLY TO U.S. K-12 INSTITUTIONAL USERS (SEE SECTION 23) OR TO CONSUMERS IN NORWAY OR THE EEA. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT, WHICH IS A CONTRACT BETWEEN YOU AND HOUSE OF MATH. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES. IF YOU ARE A CONSUMER, NOTHING IN THIS AGREEMENT LIMITS ANY RIGHTS YOU HAVE UNDER MANDATORY CONSUMER PROTECTION LAW, INCLUDING ANY RIGHT TO BRING A DISPUTE BEFORE A COMPETENT COURT OR PUBLIC COMPLAINT BODY WHERE SUCH RIGHTS CANNOT BE WAIVED.

2. Access and Eligibility

Subject to the terms and conditions of this Agreement, the software and services provided in connection with the Service are solely for User's own personal use, and not for the use or benefit of any third party, except as expressly permitted in this Agreement (including use involving parents, guardians and teachers as described in Section 17, Tutor Packages under Section 18, and institutional use under Section 23). House of Math may change, suspend or discontinue the Services, including the availability of any feature, database or content, at any time. House of Math may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability, subject to mandatory consumer protection laws and any statutory rights relating to paid digital services.

House of Math reserves the right to modify this Agreement. We will give at least 30 days' advance notice by email or another durable medium of material changes to this Agreement, and material changes to paid subscriptions will always be notified in advance in this way. Changes to Section 13 (arbitration) apply only prospectively, and only after you have received notice and a renewed opportunity to opt out as described in Section 13. Use of the Service after a change takes effect constitutes acceptance of the modified Agreement. If a change to a paid Service is to your detriment and is more than insignificant, consumers in Norway or the EEA may terminate the subscription free of charge with a refund for the remaining prepaid period, in accordance with the Norwegian Digital Content and Digital Services Act (digitalytelsesloven).

You must be at least 13 years of age to create your own account. If you are under 13, you may use the Service only through an account arranged, and consented to, by your parent or legal guardian, or through your school. If you are located in the United States and are under 13, you may use the Service only (a) through your school, as described in Section 23, or (b) through an account created and managed for you by your parent or legal guardian. Children under 13 in the United States may not create their own accounts. User also certifies that User is legally permitted to use the Service and takes full responsibility for the selection and use of the Service.

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or House of Math has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, House of Math has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).

3. Cancelling Your Subscription; Deleting Your Account

If you wish to cancel a subscription, you must do so yourself by logging into your account, going to Settings, and selecting Manage Subscription. You may also contact us at support@houseofmath.com if you need help cancelling your subscription. If the subscription was created through our app in Google Play, cancellation must be carried out directly in Google Play under Payments and subscriptions. Upon cancellation, you will retain access to the Service content until the end of your current subscription period, and no further charges will apply after that period.

If you wish to delete your account, you must send an email to support@houseofmath.com. It is your responsibility to ensure that there is no active subscription linked to the account you wish to delete. If the account is deleted while an active subscription is still in effect, no refund will normally be provided for any remaining subscription period. This does not limit your statutory rights, including any right of withdrawal, complaint rights, or remedies for defects in digital services under applicable law.

We reserve the right to change, temporarily block, deactivate, or delete your account at House of Math, or to deny you access to our Services, if there are substantial reasons to do so. Substantial reasons may include commercial use without agreement, breach of these Terms and Conditions, unlawful use, misuse of the Services, security risks, or violation of applicable law. Before blocking, deactivating, or deleting your account, we will normally contact you and give you an opportunity to remedy the matter, unless serious misuse, a security risk, or unlawful activity makes immediate action necessary. If your account is deleted due to abuse, you may be denied the creation of a new account. If you terminate your account or your account is deleted, it is not possible to restore your content or user history.

4. Payments, Subscriptions, Renewals

There is a fee for some of our Services, including a subscription to certain Services. The price displayed for a paid Service is the total price for that Service and includes all taxes and any additional costs stated at checkout. Where the fee is a subscription, we may change the fee to be charged for your next subscription period, provided we first notify you by email or another durable medium. Price changes apply only to future subscription periods. If you do not wish to continue at the new price, you may cancel the subscription before the new price takes effect. Where the fee is for something other than a subscription, we will notify you in advance of any rate changes.

Before you complete a purchase, we will provide information about the Service you are purchasing, the price, the billing period, any trial period, when the first payment will be charged, whether the subscription renews automatically, and how the subscription can be cancelled.

All fees are payable in accordance with the payment terms in effect when payment is due. We may offer some promotional trials or time-limited discounts or offers for certain Services or Users from time to time. If you sign up or register through a trial, promotional, or discount event, your rights of use will be subject to and limited by the terms of the trial, promotion, or discount offer and will terminate or renew in accordance with the terms of the offer or any additional terms communicated related to the trial, promotion, or discount offer. If you start a free trial, you pay 0 at the start of the trial. If you do not cancel the subscription before the trial period ends, your chosen payment method will be charged the price and billing period shown in the checkout window. If you do not pay fees applicable to the Services, you may not use or access those paid Services features. Unless otherwise expressly stated in the policies applicable to a Service, any fees paid for Services are non-refundable, to the fullest extent permitted by law. This does not limit your statutory rights, including any right of withdrawal, complaint rights, or remedies for defects in digital services under applicable law.

After you enter into a paid subscription or other paid Service agreement, we will send you an order confirmation by email. The confirmation will include information about the Service, the price, the billing period, any trial period, the first payment date, automatic renewal, cancellation, the right of withdrawal where applicable, the withdrawal form, and the applicable Terms and Conditions.

Where a Service has a fee, you must use either a credit card or other acceptable or approved payment method to activate and maintain that Service. You will be responsible for the fees and all applicable taxes for any Service ordered. If we do not receive payment from your credit card or payment method, you agree to pay all amounts due hereunder upon demand and will be solely responsible for any dispute with your payment provider. Should your credit card or payment method be denied, we reserve the right to recharge the credit card or payment method for any outstanding amounts as described in Section 5. You will not be charged more than the amount of the fees for the Service(s) you have purchased, plus any applicable taxes and additional costs disclosed at checkout.

House of Math sells the Service only to adults, who can purchase the Service with a credit card or other permitted payment method. Purchases for the benefit of a minor must be made by a parent, legal guardian, or school, and minors may use the Service only as described in Section 2. Your school may impose additional policies regarding the use of the Service, with which you must comply (see Section 23 for U.S. K-12 institutional use).

5. Automatic Renewal

User's subscription to the Service will continue indefinitely until cancelled by User (via the cancellation mechanisms provided on the Portal). After User's initial subscription period, and again after any subsequent subscription period, User's subscription will automatically continue for an additional equivalent period, at the then-current price notified to you in accordance with Section 4. User agrees that User's account will be subject to this automatic renewal feature. If User does not wish User's account to renew automatically, or if User wants to change or terminate User's subscription, please log in, go to the Settings page and choose Manage Subscription. If User cancels a subscription, User may use such subscription until the end of then-current subscription term and the subscription will not be renewed thereafter. However, User will not normally be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. This does not limit any statutory rights you may have as a consumer.

For ongoing subscriptions, House of Math will send you a direct reminder at least every six months that the subscription is active and that you may cancel it.

By subscribing, User authorizes House of Math to charge User's credit card, debit card or other payment method at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on User's subscription payments. If House of Math does not receive payment upon the renewal of your subscription, House of Math may suspend your subscription and re-attempt to charge your payment method for up to 30 days. If payment is not received within that period, the subscription will be terminated. A suspended subscription will only be reactivated after notice to you and receipt of payment, and your subscription period will then run from the date of reactivation. House of Math may also seek payment directly from User. Charges may be payable in advance, in arrears, per usage, or as otherwise specified when User initially subscribes to the Service.

6. Promotions

Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. If a free trial converts into a paid subscription, the price, billing period and first payment date will be shown before you complete the purchase. User must cancel User's subscription before the end of the trial period in order to avoid being charged a subscription fee.

7. Right of Withdrawal for Consumers (Norway/EEA)

Sections 7, 8 and 9 apply to consumers residing in Norway or another EEA state, where mandatory consumer protection law grants these rights. If you are a consumer in another country (for example the United Kingdom) whose mandatory law grants you an equivalent right of withdrawal or equivalent remedies, nothing in these Terms and Conditions limits those rights.

If you are a consumer residing in Norway or the EEA, you have the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period starts on the day after the agreement for the subscription or Service was entered into. If your subscription starts with a free trial, the withdrawal period runs from the day you sign up for the trial, not from the day of the first payment.

To exercise the right of withdrawal, you must give us a clear notice before the withdrawal period expires. It is sufficient that you send the notice before the period expires. You may send the notice to support@houseofmath.com. You may use the standard withdrawal form included at the end of these Terms and Conditions (Appendix A), but this is not required.

If you exercise the right of withdrawal, we will reimburse the payments received from you without undue delay and no later than 14 days after we receive your notice of withdrawal, without any fee to you. Reimbursement will normally be made using the same payment method that you used for the purchase, unless otherwise agreed. If you expressly requested that the Service start before the withdrawal period expired, we may deduct a proportionate amount as described in Section 8.

The right of withdrawal is not the same as ordinary cancellation of a subscription. Cancellation stops future payments. Withdrawal means that you withdraw from the agreement within the withdrawal period.

8. Start of the Service Before the Withdrawal Period Expires (Norway/EEA)

House of Math normally gives access to the subscription immediately after the agreement is entered into. If you want the Service to start before the 14-day withdrawal period has expired, you must expressly request this during the checkout process.

If you expressly request that the Service starts before the withdrawal period has expired and you later exercise the right of withdrawal, House of Math may charge a proportionate amount for the part of the Service provided up until you notify us that you wish to withdraw. If the Service is fully performed within the withdrawal period (for example a Tutor Package where all lessons have been delivered), the right of withdrawal lapses only if you expressly requested early performance and acknowledged that you would lose the right of withdrawal once the Service had been fully performed.

House of Math treats its subscription as an ongoing digital service. This means that the right of withdrawal does not lapse simply because you access, log in to, or use the Service.

9. Digital Services, Updates and Defects (Norway/EEA)

House of Math will provide the digital Service in accordance with this Agreement and the requirements of applicable law, including the Norwegian Digital Content and Digital Services Act (digitalytelsesloven) where it applies. The rights in this Section 9 derive from Norwegian and EEA consumer law and apply to consumers protected by that law.

If the Service does not perform as agreed, or if there is otherwise a defect in the digital Service, you may contact us at support@houseofmath.com. Depending on the circumstances and the requirements of applicable law, you may be entitled to rectification, a price reduction, termination of the agreement, or compensation.

We will provide necessary updates, including security updates, where required for the Service to perform as agreed.

10. Intellectual Property

All content in this Portal is owned, unless otherwise specified, by House of Math. The Portal's content is protected by copyright, trademark law and other intellectual property laws. Users are under no circumstances allowed to use the Portal's content in another way than in accordance with the Terms and Conditions. Use of trademarks from the Portal presupposes written consent from House of Math or other rights holders. Unless otherwise stated, any reproduction, publication, processing, transfer, storage or other use of the content of the Portal requires prior written approval from House of Math. Exceptions are made for incidental storage on your own device or printing for personal use.

11. Questions, Complaints and Consumer Disputes

If you have any questions about the Portal or the Services, you may contact us at support@houseofmath.com. If you wish to complain about an error or defect in the Service, please describe the issue and when it occurred so that we can investigate the matter.

If you are a consumer residing in Norway and we do not reach an agreement, you may contact the Norwegian Consumer Council (Forbrukerrådet) for guidance. You may also submit a complaint to the Norwegian Consumer Authority (Forbrukertilsynet) or the Norwegian Consumer Complaints Board (Forbrukerklageutvalget) where the matter falls within their complaint handling schemes.

If you reside in the United States, dispute resolution is governed by Sections 12 and 13 below.

12. Governing Law and Venue

If you are a consumer residing in Norway or another EEA state: These Terms and Conditions are subject to Norwegian law. Any dispute regarding the Terms and Conditions that the parties do not solve with dialogue shall be decided by Norwegian courts, unless mandatory consumer protection rules give you the right to bring proceedings in, or under the law of, your country of residence. Proceedings against you as a consumer may only be brought in the courts of your country of residence where the Lugano Convention or equivalent mandatory rules so require.

If you reside in the United States: These Terms and Conditions are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 13 (Dispute Resolution and Binding Arbitration). Any dispute that is not subject to arbitration under Section 13, and any claim within the jurisdiction of a small claims court, may be brought in the state or federal courts located in the county (or district) where you reside or, at your election, in the state or federal courts located in Delaware. Nothing in this Section deprives you of protections you are entitled to under the mandatory consumer protection law of the U.S. state where you reside.

If you are a U.S. K-12 institutional user: governing law and venue are determined by Section 23 and by any written agreement between House of Math and your school; where that agreement specifies the law of the state in which the school is located, that law applies.

All other users: These Terms and Conditions are subject to Norwegian law and any disputes shall be decided by Norwegian courts, unless mandatory rules of your country of residence provide otherwise.

13. Dispute Resolution and Binding Arbitration for U.S. Users; Class Action Waiver

This Section 13 applies to you only if you reside in the United States. It does not apply to U.S. K-12 institutional users (see Section 23), and it does not apply to consumers in Norway or the EEA.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Informal resolution first. Before either party starts arbitration, that party will send the other a written description of the dispute and allow 30 days to try to resolve it informally (notices to House of Math: support@houseofmath.com; notices to you: the email address associated with your account). Applicable statutes of limitations are tolled during this 30-day period. Most concerns can be resolved this way.

Agreement to arbitrate. If we cannot resolve a dispute informally, you and House of Math agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the use of the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted in English. Unless you and House of Math agree otherwise, any in-person hearing will take place in the county where you reside, and you may elect to have the arbitration conducted by telephone, video conference, or on written submissions. Payment of filing, administration and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules; House of Math will pay those fees to the extent those rules or applicable law require it. The arbitrator shall decide all issues, including the scope and enforceability of this arbitration agreement, except that a court shall decide the enforceability of the class action waiver below. If you are a parent or guardian accepting this Agreement on behalf of a minor, you agree to this Section on your own behalf and, to the maximum extent permitted by law, on the minor's behalf.

Exceptions. Either party may (a) bring an individual claim in small claims court instead of arbitration, if the claim is within that court's jurisdiction; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. Nothing in this Section waives any right to seek public injunctive relief where such a waiver is prohibited by law; any claim for public injunctive relief will be decided by a court after arbitration of all arbitrable claims.

Class action and jury trial waiver. YOU AND HOUSE OF MATH EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Claims may be brought only on an individual basis, and the arbitrator may not consolidate more than one person's claims. If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in the courts described in Section 12, and the remainder of this Section remains in effect.

Coordinated filings. If 25 or more similar arbitration demands are filed against House of Math by or with the assistance of the same law firm or organization, the parties agree that the AAA shall administer the demands in batches of up to 25, with a single set of administrative and arbitrator fees per batch, and that demands beyond the first batch shall be stayed pending resolution of the first batch. This paragraph does not limit any individual's substantive rights.

Your right to opt out. You may opt out of this arbitration agreement, without any penalty, by emailing support@houseofmath.com within 30 days of the date you first accept these Terms and Conditions (or, for existing users, within 30 days of the date this Section first becomes effective and is notified to you), stating your name, the email address associated with your account, and that you wish to opt out of arbitration. If you opt out, or if you are not subject to this Section, disputes will be resolved by the courts identified in Section 12.

Severability. If any part of this Section 13 (other than the class action waiver) is found unenforceable, the remaining parts shall still apply.

14. Disclaimer of Warranties

If you are a consumer in Norway or the EEA, Sections 14 and 15 do not limit any rights or remedies you have under mandatory consumer protection law, including your rights under the Norwegian Digital Content and Digital Services Act described in Section 9. Sections 14 and 15 apply only to the maximum extent permitted by the law that applies to you.

THE SERVICES AND ALL CONTENT, MATERIALS AND FEATURES MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSE OF MATH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HOUSE OF MATH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOUSE OF MATH DOES NOT WARRANT ANY SPECIFIC ACADEMIC OUTCOME, GRADE IMPROVEMENT OR EXAM RESULT FROM USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOUSE OF MATH, ITS DIRECTORS, EMPLOYEES, TUTORS, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS AND CONDITIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF HOUSE OF MATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF HOUSE OF MATH FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO HOUSE OF MATH FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RESIDENTS OF NEW JERSEY: THE LIMITATIONS IN SECTIONS 14 AND 15 APPLY ONLY TO THE EXTENT PERMITTED BY NEW JERSEY LAW AND DO NOT LIMIT LIABILITY FOR HOUSE OF MATH'S NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

16. Important Health Warning About Photosensitive Seizures

A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games or other online activities. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while playing video games.

You should immediately stop playing and consult a doctor if you or they experience any symptoms such as lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.

Parents and Teachers should watch for or ask their children about the above symptoms. You can reduce the risk of photosensitive epileptic seizures by taking the following precautions:

Play in a well-lit room. Do not play if you are drowsy or fatigued.

If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before playing video games or other screen-focused activities.

17. Use of the Services

Users must use the Services subject to and in compliance with this Agreement and all applicable local, provincial, state, national and international laws, rules and regulations. The Services, including all content, features and functionality thereof, are owned by House of Math or its licensors. Subject to this Agreement, House of Math grants you permission to access and use the Services, solely for your own personal, non-commercial use, and not for the use or benefit of any third party, except as expressly permitted in this Agreement. We reserve all rights not expressly granted to you in the Services and the House of Math content. We may also impose limits on certain services and/or features or restrict your access to parts or all of the Services, in our sole discretion and without notice, subject to mandatory consumer protection laws and any statutory rights relating to paid digital services.

You are solely responsible for any activity that occurs through your account, for maintaining the confidentiality of your account information and password, and for restricting access to your account and your computer. If your account has been compromised or if you suspect unauthorized use of your account, notify us immediately at support@houseofmath.com. Without limiting the foregoing, parents, guardians and teachers who create or manage an account used by a minor are responsible for that minor's use of the Services, and acknowledge that this Agreement and House of Math's Privacy Policy apply to that use. Teachers may create or manage accounts for students in the United States only through the institutional process described in Section 23.

18. Tutor-On-Demand

Assignment of Tutor

House of Math assigns Tutors at its own discretion and based on the Student's/Customer's order. House of Math reserves the right to assign a substitute Tutor and/or a new Tutor for some or all of the sessions included in the Tutor Package.

House of Math shall, as far as possible, accommodate the Student's potential desire on change of Tutor. A change of Tutor shall be made without any additional costs for the Student/Customer.

The Tutor Package

The content and number of lessons included in the Tutor Package appear from the Student's/Customer's order form and confirmation.

The lessons included in the Tutor Package must be used within 12 months from the time of purchase. In special circumstances, for example in case of the Student's long-term illness, the content of the Tutor Package may, upon further agreement with House of Math, be used later than 12 months after purchase.

Time, Place and Duration of Lessons

The time, place and duration of the lessons shall be agreed between the Student/Customer and the Tutor.

Normally, the tuition takes place at a public and central place of education. Alternatively, the tuition may, upon agreement and for a surcharge of 25%, take place in the Student's home, provided that the Tutor's commute is less than 90 minutes.

House of Math reserves the right to conduct some or all of the lessons included in the Tutor Package ordered, online. In such case, any surcharge paid for tuition in the Student's home will be refunded.

Cancellation

If the Student does not appear at an agreed lesson, or has not cancelled or notified a change of an agreed lesson at least 24 hours before the lesson is to take place, the lesson will be deemed completed. If the Student is absent from an agreed lesson in more than 10 minutes, without prior notice, the Student is regarded as not appeared at the lesson.

In case of a cancellation by the Tutor or House of Math, the lesson shall, as far as possible, be performed by a substitute Tutor. If neither the assigned Tutor nor a substitute is able to perform the lesson at the agreed time, the Student shall, as far as possible, be offered a new lesson at a later time. Alternatively, the paid amount will be refunded by transfer to the bank card used by the Student/Customer upon ordering.

Other than the above situations, the Tutor and the Student/Customer may agree upon changes in the lessons. Nothing in this Section limits a consumer's right of withdrawal under Section 7.

Price and Payment

The prices for tuition appear upon ordering of a Tutor Package and payment is completed upon ordering.

19. Prohibited Conduct

By using the Services, you agree that you will not conduct, conspire to, participate or otherwise engage in fraudulent, abusive, or otherwise illegal activity and that any such activity will be grounds for termination of your right to access or use the Services. Hacking or harming the Services is prohibited. Specifically, you agree that you will not (i) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User; (ii) use the Services to violate computer or network security measures, transfer or store illegal material (including threatening or obscene material), or engage in any kind of illegal activity; (iii) use any automated or non-automated system, including but not limited to "spiders," "robots," "offline readers," "scrapers," etc., to copy, distribute, disclose, or access the Services, interfere with the proper working of the Services or place an unreasonable load on the Services' infrastructure; (iv) run or activate Maillist, Listserv, or any form of auto-responder or "spam" on the Services; (v) attempt to interfere with or decipher any transmissions to or from the servers running the Services; (vi) transmit any malicious software agents through the Services; (vii) use the Services for any commercial solicitation purposes; (viii) interfere with the proper working of the Services; (ix) bypass the measures used by House of Math to prevent or restrict access to the Services.

20. Acceptable Use and Code of Conduct

You agree to adhere to the following rules when using the Services:

You will not use the Services to violate a person's right to privacy or otherwise collect, use, or disclose data, including personal information, about other users without their consent or for unlawful purposes.

You will not bully, intimidate, or harass any User or use the Services in any manner that is threatening, abusive, violent, or harmful to any person or entity.

You will not use the Services in any way to upload, post, transmit, email or otherwise distribute content that: is hate speech, discriminating, defamatory, threatening, pornographic or otherwise obscene; incites violence; contains nudity or graphic or gratuitous violence; or is otherwise objectionable as reasonably determined by House of Math.

You will not use the Services in any manner that would disparage House of Math.

You will not impersonate a House of Math employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.

You will not use the Services in a manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Services, including any content you contribute, that violates child welfare laws, pornography laws, or sexual exploitation laws.

You will not use the Services for any unlawful purpose or that is not in accordance with this Agreement. You agree not to access or use House of Math or any House of Math Services for any purpose that is illegal or beyond the scope of the Services' intended use (in House of Math's sole judgment).

You acknowledge and agree that your violation of any of these conditions, at House of Math's sole discretion, may result in the immediate suspension or termination of your account and your access to the Services.

21. Hyperlinks and Third-Party Applications

The Portal may contain hyperlinks to other websites owned and provided by a third party. By clicking these hyperlinks you may leave our Portal. House of Math does not control the design of, or influence the content on, websites provided by third parties. Even if we provide such links, this does not mean that we endorse or are responsible for information, products, services, or anything else provided through those links. Since House of Math does not assume responsibility for the processing of your personal data on third-party websites, House of Math recommends that you read the terms and privacy policies applicable to your use of such websites. Use of third-party websites occurs solely at the user's risk.

You may choose an avatar from House of Math's internal avatar library directly on the platform. The avatar library consists of a large selection of avatars and you will not be redirected to an external avatar provider to choose an avatar. We use reCAPTCHA from Google to protect the site, and the Google Privacy Policy and Terms of Service apply.

22. Consent to Contact

By signing up or subscribing to this Service, you consent to being contacted by House of Math with service-related communications. Contact from House of Math about tips and tricks on learning math, gamification elements, rewards, and other content related to the Service may be considered part of the Service. Motivating Users to do math is a core component of the Service, and several channels of communication, such as email and in-app notifications, may therefore be used as part of the Service. We will not contact you with marketing by SMS or telephone without your separate express consent.

Where permitted by law, or where you have consented, we may also send you relevant information, news, and offers by email. You may opt out of marketing communications when creating your account, in the individual marketing communication, or directly in your account profile. This does not apply to emails that are necessary to administer the agreement, such as payment confirmations, cancellation confirmations, reminders that an ongoing subscription is active, information about material changes to the Service, or legally required information. Marketing communications will not be sent to U.S. K-12 School Users (see Section 23).

23. Special Provisions for U.S. K-12 Institutional Users

This Section 23 applies automatically to any account provisioned for students or staff under an agreement between House of Math and a U.S. K-12 school, school district, or educational institution (an "Institution") — for example accounts provisioned via an educator classroom code or an institutional roster import administered by the Institution (each such account, a "School User") — and to any other use that House of Math and an Institution have agreed in writing is institutional use. This Section supersedes any conflicting provision of these Terms and Conditions. If House of Math and the Institution have entered into a separate written agreement, such as a Data Privacy Agreement ("DPA"), that agreement controls over this Section to the extent of any conflict.

FERPA — school official status. Where an Institution designates House of Math as a "school official" under its FERPA annual notification, House of Math will function as a school official with a legitimate educational interest under FERPA (34 CFR § 99.31(a)(1)(i)): it performs an institutional service or function for which the Institution would otherwise use employees, is under the Institution's direct control with respect to the use and maintenance of education records, and uses education records only for the purposes for which they were disclosed. All student education records remain the property of, and under the direction of, the Institution, and House of Math will use them solely to provide the Services to the Institution.

COPPA — school consent. Pursuant to FTC guidance, House of Math relies on the Institution to act as the parent's agent and to authorize the collection of student personal information for students under 13. House of Math will collect and use such information solely for the educational purposes authorized by the Institution and for no commercial purpose. The Institution represents that it has the authority to provide such consent on behalf of parents and guardians.

Data minimization. School User accounts will be limited to the data elements necessary to provide the educational service: first name, last name, school-issued email address, username, password (credential), and learning progress data. Third-party social media login will not be offered for School User accounts.

No commercial use of student data. House of Math will not use School User student data for marketing, advertising (including targeted or behavioral advertising on any site or service), commercial profiling, or sale. School-provided email addresses will be excluded from House of Math's marketing and promotional communications as part of institutional onboarding. School Users will not be included on public leaderboards; any progress, points or achievement features made available to School Users will be limited to their own school environment. House of Math will bind any subcontractor with access to student data to obligations at least as protective as this Section, and will comply with applicable state student privacy laws, including California's Student Online Personal Information Protection Act (SOPIPA) and New York Education Law § 2-d, where applicable.

No individual payment obligations. Sections 4 (Payments), 5 (Automatic Renewal), 6 (Promotions), 7 (Right of Withdrawal) and 8 do not apply to School Users. Access for School Users is governed by the commercial agreement between House of Math and the Institution, and no student or parent is required to provide payment information.

Deletion and breach notification. House of Math will notify the Institution within 24 hours of confirming a data breach affecting School User data, and will thereafter cooperate with the Institution's legally required notifications. House of Math will delete all student data of the Institution's School Users from its active systems within 30 days of the Institution's written request or the termination of the institutional agreement, and from encrypted backups in accordance with its backup rotation cycle (not to exceed 90 days), except where retention is required by law.

No forced arbitration or class waiver. Section 13 (Dispute Resolution and Binding Arbitration) and any class action waiver do not apply to Institutions or to School Users acting in their institutional capacity. Nothing in these Terms and Conditions constitutes a waiver of statutory rights that students or parents hold under FERPA, COPPA, or applicable state student privacy laws.

For institutional inquiries, including deletion requests, please contact schools@houseofmath.com.