Terms of Use

The Got It Service (AI Products and Services)

Welcome and thank you for using Got It Inc.’s AI products and services (e.g., “MathGPT”, “MathGPT Account”, etc.) (“Service”, “Services”). We want to protect your rights and those of any other user or third party who interacts with us. We’re glad you’re here, but there are some rules you need to agree to before you use our websites and services. These Terms of Service (“Terms”, “Terms and Conditions”, “Terms of Use”, “Terms of Service”) are an agreement between GotIt! Inc., a Delaware corporation (“Got It” or “us”), the owner and operator of https://www.gotiteducation.com/ and any subdomain of gotiteducation.com including www.mathgpt.ai (the “Got It Sites”), the Got It software (collectively, including all content provided by Got It through Got It and the Got It Sites, the Got It apps, or the “Got It Service”, the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION AS SET FORTH IN GOT IT’S PRIVACY POLICY, WHICH CAN BE FOUND AT: https://www.gotiteducation.com/privacy-policy. If you choose to not agree with these Terms, you are not permitted to use the Service.

As an online service, Got It’s Services and Sites may periodically be unavailable as we perform regular maintenance and upgrades.

Changes to the Terms of Service

We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Service or updating the “Last Updated” date above. Your continued use of the Service will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service.

Use of Other Websites

These Terms apply to all users of the Service. The Service, including information provided by our users through the Service, may contain links to third-party websites that are not owned or controlled by Got It. Got It has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Service, you expressly acknowledge and agree that Got It shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

Your Account

By registering for the Service, you affirm that you are: (i) 18 years of age or the applicable age of majority or older in your province, territory, or country, or (ii) an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them. In order to use the Service you may be required to register for an account with Got It (e.g., “MathGPT”, “MathGPT Account”, etc.) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable laws or the Terms. Got It may suspend or terminate your MathGPT Account for any breach of these Terms or for any other reason in Got Its sole discretion. You are solely responsible for selecting an appropriate username and for any and all disclosures you make of your username to others, including any selection or disclosure that makes you personally identifiable. You are responsible for maintaining the confidentiality of your MathGPT Account login username and password (the “Login Information”) and are fully responsible for all activities that occur under your MathGPT Account and you agree to remain fully responsible for compliance with these Terms by any such third party. Got It will not be liable for any loss or damage arising from your failure to adequately safeguard your password or for any actions occurring under your password. You agree to immediately notify Got It of any unauthorized use, or suspected unauthorized use, of your MathGPT Account, Login Information or any other breach of security. Got It will have the right, but not the obligation, to deactivate any MathGPT Account identified in such a notification. Got It cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

License

We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Service through your MathGPT Account solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the Service. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device.

Ownership; Restrictions on Use

All right, title, and interest in and to the Services are and will remain the exclusive property of Got It! and its licensors. The content on the Service, including without limitation, text, software, graphics, photos, sounds, music, videos, User Submissions, interactive features and the like (“Content”) and the “Got It!” word mark (including, the MathGPT word mark and design mark) and design mark, as well as certain other of the names, logos, and materials displayed on or through the Service that constitute trademarks, trade names, service marks or logos (“Marks”) are owned by or licensed to Got It! and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Service or any portion of the Service, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content as made available through the Service only in geographic locations where we offer the Service and have licensed such Content. The Service is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.

Your Content

When using MathGPT, the output insights generated and returned by the AI (“artificial intelligence”, “AI”) feature (“Output”) are based on the metadata processed on and through the Platform (“Input”), the Input and Output shall collectively be referred herein as “Content” (and, collectively included in the defined “User Content” below). You are solely responsible for ensuring that the Content complies with applicable laws and these Terms. As between the parties and to the extent permitted under applicable laws or the Terms, the User is the owner of the Input and is hereby granted rights, title and interests in and to the Output. The Content may be used for any legal and lawful purpose at User’s own risk. Prior to use and/or publication, it is recommended to add a disclosure that the Output was generated by AI tools. Due to the nature of machine learning, Output may not be unique and the AI feature may generate the same or similar Output for other Users.

We may provide functionality that enables you to post, upload, submit or otherwise make available content to the Service. Any Content including but not limited to materials, information, session transcripts, text chat communication, voice communication, video communication or ideas that you upload, communicate or otherwise transmit or post to us, the Site or any other part of the Service by any means (“User Content”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter, with or without attribution, and without further notice to you, in perpetuity. You also grant each user of the Service a non-exclusive license to view your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the normal functionality of the Service and these Terms in perpetuity, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine (e.g, transformative use, etc.) or other provision of applicable copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your use of the Service, and that such use is permitted under the “fair use” doctrine (e.g., transformative use, etc.) or other provision of applicable copyright law.

You agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You understand and agree that you will be solely responsible for your User Content and the consequences of submitting and making available such User Content to the Service. You also agree that we may record all or any part of your use of the Service (including chat and voice communications) for quality control and other purposes. We reserve the right, but are not required, to review your use of the Service for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of your use of the Service and all comments that you may provide to us on or through the Service or any other means, such as as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.

You shall be solely responsible for, and assume all liability regarding your own User Content, the consequences of posting or publishing it, and your interaction with other users through the Service. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Got It does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Got It expressly disclaims any and all liability in connection with User Content. Got It will remove User Content if properly notified as set forth in Got It’s Copyright Policy (https://www.gotiteducation.com/privacy-policy) that such User Content infringes on another’s intellectual property rights. Got It reserves the right to remove User Content without prior notice.

You agree that you will treat Got It and the Service with respect and not use obscenities, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not disclose any information to Got It or through the Service that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you. A violation of this Agreement may lead to a suspension or termination of your account.

You acknowledge that Got It may or may not pre-screen User Content, but that Got It and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, Got It and its designees shall have the right to remove any User Content that violates these Terms or that Got It considers to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Accuracy

Got It does not guarantee accuracy of any Output (as defined herein) generated by the AI feature. Given the probabilistic nature of machine learning, and AI, use of our AI feature may in some situations result in incorrect Output that does not accurately reflect the action generated. The Customer shall evaluate the accuracy of any Output and shall not rely on Got It to do so.

User Data

As applicable, if some area of the Service allows for the collection of personal information or data from or about Users or other Users permitted to use the Service (collectively, “User Data”), then the User is solely responsible for their use of User Data in accordance with law. This may include survey responses, messages, communications, and user contact details.

Our Privacy Policy explains how Got It collects, maintains, uses, discloses and deletes User Data collected or generated by the Service.

As between the parties, the Account Holder or User owns and shall retain all right, title and interest (including all Intellectual Property Rights) in and to User Data; however, by submitting or causing to be submitted to Got It, the you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Data.

Under any circumstances, you may not submit, or cause to be submitted, any User Data that includes a social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, employment, financial or health information, or any other information which may be subject to specific data privacy and security laws including, but not limited to, the Gramm-LeachBliley Act (“GLBA”), or the Health Insurance Portability and Accountability Act (“HIPAA”), or which could give rise to notification obligations under data breach notification laws, without Got It’s prior written approval.

You bear sole responsibility for adequate security and protection of User Data when in your or your Authorized Users’ possession or control. In addition to the foregoing, as between you and Got It, you are solely responsible for any and all User Data you or your Authorized Users provide and/or cause to be provided to the Service, and the consequences of providing, posting or transmitting such User Data, including responsibility for compliance with breach notification laws.

Student Data

As applicable, during the course of our Services, Got It may encounter or have access to User Data provided by the School or by a student, parent or guardian that contains Student Data. “Student Data” is personal information that is directly related to an identifiable student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”). Got It’s school partner’s and Users shall maintain full ownership and control over the Student Data. If applicable, you authorize us to access, collect, transmit, modify, display, and store Student Data for the purpose of providing the Service and as described in this Agreement and in our Privacy Policy. Notwithstanding, Got It does not anticipate collecting any Student Data under the scope of Services. Got It requests that its Users notify Got It should it provide Got It with access to Student Data. As applicable to us, you represent and warrant that you have the authority to provide Student Data to the Service and that you have provided all necessary disclosures to individuals regarding your sharing of Student Data with Got It for this purpose.

As applicable, and if necessary, you agree that Got It will be designated as a “school official” with a legitimate educational interest, as that term is defined by FERPA. Individually and collectively with our school partners/Users, the parties agree to uphold obligations under FERPA, the Protection of Pupil Rights Amendment (“PPRA”), the Children’s Online Privacy Protection Act (“COPPA”), applicable state laws relating to student data privacy, and with all other laws and regulations governing the protection of personal information. You are prohibited from using the Service to collect personal information from children under the age of 13 or send communications through the Service to children under the age of 13, and as otherwise described in this Agreement, as prohibited by COPPA. School partners are solely responsible for providing appropriate disclosures to students and parents and Users as applicable in connection with the use of Services.

You agree that both before and after the term of this Agreement, Got It may collect, analyze and use data derived from Student Data as well as data about Users’ access and use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that Got It may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.

Got It will not sell, disclose, transfer, share or rent any Student Data obtained under the Agreement in a manner that could identify an individual student to any entity other than school partners (and, as applicable, Users) except to the extent set forth in the Agreement, and as otherwise directed by a school partner or permitted by law. Got It is prohibited from using Student Data to: (i) advertise or market to students or to direct targeted online advertising to students, and (ii) develop a profile of a student, parent/guardian or group, other than for the purpose of providing the Services or as authorized by a school partner or by a parent/guardian. Nothing shall prohibit Got It from engaging in other types of advertising and promotional activity, such as advertising educational products on third-party websites and online services or recommending additional services to school employees, so long as Got It does not use Student Data to direct such advertisements.

A parent or student over the age of 18 seeking to access or delete Student Data will be instructed to contact the school partner to discuss data deletion.

Unless otherwise specified in writing, Got It shall delete or de-identify data within ninety (90) days after termination of a school partner’s agreement, in accordance with Got It’s data deletion and destruction practices.

Got It has implemented administrative, physical, and technical safeguards designed to secure data in Got It’s possession and control from unauthorized access, disclosure, and use. In the event that an unauthorized party gains access to or has disclosed personal information (a “Security Incident”), Got It shall promptly notify the school partner. If, due to a Security Incident which is caused by the acts or omissions of Got It or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the school partner shall be responsible for the timing, content, and method of any such legally required notice and compliance with such laws and Got It shall indemnify the school partner for the reasonable costs related to legally-required notifications.

User Conduct

We would like to keep the Service as safe as possible for our Users but need your help to do so. Got It does not allow, and you agree not to use this Service to:

• upload, post, email, transmit or otherwise made available any User Content that is unlawful, harmful, derogatory, defamatory, abusive, threatening, vulgar, obscene (including but not limited to posting pictures or videos with drugs, alcohol, nudity or sexual acts), bigoted, libelous, tortuous, hateful, racially or ethnically objectionable, insulting or that violates any person’s privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers without consent);

• upload copyrighted material to the platform in violation of copyright law;

• represent that “Output” (as defined herein) was human-generated when it was not;

• automatically or programmatically extract data or Output;

• interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services;

• Use Output to develop models that compete with the Service;

• harm minors in any way;

• “stalk” or otherwise cyberbully (including but not limited to bullying, harassing, humiliating, threatening, embarrassing or targeting) another person;

• use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them;

• transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

• infringe, misappropriate, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

• create an account for a person that does not exist or rent or lease your account;

• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• post information that you know is false, misleading, or that promotes illegal activity;

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;

• knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

• breach or circumvent any security or authentication measures (including geo-restriction measures);

• attempt to decompile or reverse engineer any software contained on the Service;

• remove any copyright, trademark, or other proprietary notations from any Content or User Submissions of other Users;

• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

• intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

• participate in the session with your camera or video turned on (for applicable session types);

• share any User Content other than the material relevant to the MathGPT session when utilizing the shared workspace or uploading User Content (for applicable sessions).

Our Services may provide incomplete, incorrect, or offensive Output that does not represent Got Its’ views. If Output references any third-party products or services, it doesn’t mean the third party endorses or is affiliated with Got It.

We reserve the right to remove any material or terminate the account of any person we determine violates any of these Terms.

Notwithstanding the foregoing, Got It is not required to host, index, or display any User Content uploaded or otherwise provided to Got It, and may remove or refuse to host, index or display any User Content. Got It is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Content.

Acceptable Use

When utilizing our Services ,you hereby represent and warrant that you will not, nor will you authorize anyone on your behalf, including an Authorized User, to:

1. mislead anyone that the Content generated by the Output is human-generated;

2. use the AI feature to generate content that expresses or promotes hate, harassment, or violence, exploits or harms children, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, misuses personal data, contains malware, unsolicited bulk content, ransomware, viruses, or other software;

3. use the AI feature for prohibited activities which have high risk of economic/social harm, offering financial advice; provide health advice, political campaigning or lobbying, etc.;

4. use the AI feature in a way that infringes, misappropriates or violates any third-party copyright/intellectual property and rights;

5. reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the AI feature (except to the extent such restrictions are contrary to applicable law);

6. use the AI feature to develop foundation models or other large scale models to compete and/or commercialize; and

7. use any method to extract data from the AI feature, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API.

Your responsibilities when using AI-generated content:

Output created by AI tools assisting you by no means replaces your professional skills and judgment. It is imperative that you review Content generated by our Services and revise it to ensure it is appropriate for use. This includes, but is not limited to, the following considerations:

1. Use the “80-20” approach. View AI-generated content as a starting point or framework to create draft materials (roughly 80% of the way there) that you then complete with your professional review and revisions for the last 20% of the effort.

2. Check for bias and accuracy. AI can occasionally produce biased, fictitious, or otherwise incorrect Content. Generative AI models are not databases of knowledge, but rather an attempt to synthesize information the model has been trained on. Always double-check for bias and accuracy before sharing Output with students or others.

3. Know the limits of AI. Our AI engine’s knowledge in terms of historical events or developments is not guaranteed to be accurate with real-time events, so keep that in mind when dealing with recent topics.

4. Protect Privacy and Confidential/Protected Information. Do not include any personally identifiable information such as names, addresses, or other contact information about students, parents, or others in information you provide to our Services for processing. You may be violating applicable law and/or your school’s policies in doing so and it may result in the suspension or termination of your MathGPT Account.

Protecting Your Copyright

Got It respects copyright law and expects our Users to do the same. As applicable, in accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Got It will respond to claims of copyright infringement, as applicable, using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

1. the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;

2. the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;

3. your mailing address, telephone number, and, if available, email address;

4. a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

5. a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and

6. your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us, by email to legal@mathgpt.ai or by mail to:

Got It, Inc.

675 High St, Palo Alto, CA 94301

Upon receipt of the Notice as described above, Got It will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

Informal Dispute Resolution

We want to address your concerns without litigation or other formal proceedings. Before filing a claim against Got It, you agree to try to resolve the Dispute informally by contacting legal@mathgpt.ai and providing us with reasonably detailed information concerning your issue. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or Got It may bring a formal proceeding in accordance with these Terms.

Fraud

Got It takes fraud seriously. Any individual engaging in fraudulent activity will be banned from the Service, and may lose any Credit or payment balance, as applicable. In addition, to the extent permitted by law, Got It may provide information regarding fraud to law enforcement agencies.

Feedback

If you provide Got It with any comments or suggestions related in any way to the Service or to Got It, including within any support inquiries (collectively, “Feedback”), you hereby assign to Got It all rights in the Feedback and agree that Got It will have the right to use such Feedback in any manner it deems appropriate. Got It may treat any Feedback you provide to Got It as non-confidential and non-proprietary. You agree that you will not submit to Got It any information or ideas that you consider to be confidential or proprietary or that you do not have the right to submit in accordance with these Terms.

Warranty Disclaimer

Got It does not make any representations or warranties concerning any Content contained in or accessing through the Service, and given the nature of generative artificial intelligence, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Got It or others. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (AND AS TO THE OPERATION OF THE AI FEATURE WITHIN MATHGPT OR SIMILAR AI PRODUCTS AND SERVICES) OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI FEATURE, GOT IT WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI FEATURE OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT, AND ANY AND ALL PARTS THEREOF ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE), EVEN IF GOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL GOT IT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY DAMAGES OF ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GOT IT IN CONNECTION WITH THE SERVICES (INCLUDING THE AI FEATURE) IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT GOT IT MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Got It, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to: (a) your use of the Services (including any actions taken by a third party using your MathGPT Account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your MathGPT Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Got It reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Got It in asserting any available defenses.

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your MathGPT Account, in any way (by operation of law or otherwise) without Got It’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations with or without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of California, without regard to any choice of law or the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 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 United States federal courts and California state courts located in the Northern District of California.

Termination

Got It reserves the right, in its sole discretion, to terminate your access to the Service or to any part of the Service, with or without notice. Your right to use the Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Service.

Communications

By using the Service, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).

Additional Terms for Students

Any fees that Got It may charge Students for the Service, are due immediately and payments are final and non-refundable unless Got It determines in its sole discretion that a refund is appropriate. Got It reserves the right to determine the then-current pricing. Payment can be completed by: 1) Students directly paying in the platform; 2) Students inputting an access code purchased from their School/Institution’s bookstore 3) School/Institution pays Got it directly on Student’s behalf and access is provided to student at no additional cost.

The payment gateway in the platform or Sites will reflect the then-current pricing, however, please note the pricing information published on the Sites may not reflect the then-current pricing. An “Access Pass (i.e. Fee)” or other items purchased through Got It will expire within the assigned period term (the period term as solely defined from Got It at the point of sale) from the purchase date unless such a longer period of time is required by law. Termination of platform access depends on each School/Institution’s academic calendar and any determination regarding the access period is at the sole discretion of Got It.

Got It, in its sole discretion, may make promotional offers with different features and different rates to any of our Customers or Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Got It may change the fees for our Service, as we deem necessary for our business. We encourage you to check back on our Sites periodically if you are interested about how we charge for the Service.

Miscellaneous

You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service . The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Got It agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Got It, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). Got It shall not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including, but not limited to, acts of God, pandemic/epidemic or quarantine, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or transportation facilities, fuel, energy, labor or materials. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Got It in any respect whatsoever. Except as expressly set forth in the terms of an applicable platform provider (for example, Apple or Google), you and Got It agree there are no third-party beneficiaries under these Terms. Any right, obligation, or condition that, by its express terms or nature and context is intended to survive the termination or expiration of these Terms of Service, shall survive any such termination or expiration hereof.

Payment Processing

Payment processing can be handled directly through the Service using Braintree, including advanced access. Students can purchase access codes from the School/Institution’s bookstore to use as payment. In some cases, the School/Institution may cover the fee, providing the student with an access code at no cost.