Section summaries, formatted like this, explain what you are agreeing to in plain language, but are not part of the terms.
By using XtraMath you agree to all our terms.
Your privacy is important to XtraMath. We explain how we use your data in our Privacy Policy, which is legally part of these Terms of Service.
1. Privacy. Our Privacy Policy explains how XtraMath collects, uses and discloses user data. It also covers our data storage, security, retention, and deletion practices. XtraMath’s Privacy Policy is incorporated into these Terms of Service (collectively, the “Terms”).
Student accounts can only be created by the student’s parent, guardian, or teacher. You must be truthful when you create or modify an account.
2. User Accounts. No person under the age of 13 in the United States, or under the age of 16 outside of the United States, may create their own account. A parent, guardian, or teacher must create a Student account for any child below these age thresholds before they can use XtraMath.
You agree that the information you provide to XtraMath, whether at registration or at any other time, will be true, accurate, current, and complete. As a parent, guardian, or teacher, you represent and warrant that you will not provide us with information about any child/student unless you have the legal authority to do so. By registering your child/student, you agree to be bound by the Terms on behalf of your child/student, including without limitation being liable for all use of XtraMath by the child/student. You acknowledge that XtraMath cannot guarantee the accuracy of any information submitted by any user and that XtraMath is not obligated to verify the accuracy any such information, including any user’s claim to be the parent or teacher of a child/student.
Your use of XtraMath must be legal and reasonable. You must not act fraudulently or damage XtraMath.
You may close your account and stop using XtraMath at any time. Likewise, we may close your account or stop providing our services at any time. Some of these terms may still apply even after termination.
4. Termination of Services. You may terminate the Terms, and any account you created for yourself or your child/student, at any time. If an account for your child was created under the “school official” exception of the U.S. Family Educational Rights and Privacy Act (FERPA), you must request such termination from your child’s school that established the account. To terminate an account, you must email erika@xtramath.org and discontinue your (or your child’s/student’s) use of any and all parts of XtraMath.
XtraMath, in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of XtraMath, with or without cause (such as a violation of these Terms). Such termination will result in the deactivation or deletion of your account, or your access to your account, and the forfeiture and relinquishment of all records in your account.
XtraMath also reserves the right to modify or discontinue, temporarily or permanently, any or all of XtraMath’s services. You agree that XtraMath will not be liable to you or any third party for any such termination.
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
You may not abuse XtraMath’s brand, including our trademarks and copyrights.
5. Intellectual Property. XtraMath graphics, logos, source code, designs, and content are protected by intellectual property laws, as copyrights, trademarks, and trade dress. The XtraMath name is a registered trademark under United States law.
Your use of XtraMath does not give you license to use our marks or create derivative works. You will not modify, adapt, translate or create derivative works based upon XtraMath, except and only to the extent expressly permitted by XtraMath or to the extent the foregoing restriction is expressly prohibited by applicable law.
You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of XtraMath or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
While we do our best to make XtraMath reliable and accurate, our services are available “as-is” and may not meet your expectations.
6. Warranty Disclaimer. Your and/or your child’s/student’s use of XtraMath is at your sole risk. XtraMath and all parts and services thereof are provided on an “as is”, “as available”, and “with all faults” basis. XtraMath disclaims any and all warranties and conditions, whether statutory, express or implied, to the fullest extent permitted by applicable law. No advice or information obtained by you from XtraMath will create any warranty not expressly stated herein. Specifically, but without limitation, XtraMath expressly does not warrant that: a) XtraMath will meet any specific requirements or expectations, including but not limited to yours; b) XtraMath or any data, user content, functions or any other information offered on or through XtraMath will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; c) The results that are obtained from the use of XtraMath will be accurate or reliable; d) The quality of any products, services, information, or other material purchased or obtained by you through XtraMath will meet your expectations; or e) Any errors or any issues with XtraMath’s services will be corrected.
You understand and agree that your or your child’s/student’s use of XtraMath is at your own discretion and risk, and that you will be solely responsible for any damage to your property, including your computer system, phone or personal electronic device, or loss of data that results therefrom.
We are not liable if things go wrong or don’t meet your expectations.
7. Limitation of Liability. To the fullest extent permitted by applicable law, under no circumstances, including but not limited to negligence, will XtraMath or its affiliated contractors, employees, agents and its third-party suppliers, licensors, and partners be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to these Terms or your use of (or inability to use) XtraMath, or any interactions with XtraMath.
In no event will XtraMath’s or its affiliated contractors’, employees’, agents’ and its third-party suppliers’, licensors’, and partners’ total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of (or inability to use) XtraMath, or any interactions with XtraMath, exceed the amount paid by you, if any, for accessing XtraMath during the twelve months immediately preceding the date of the claim or one-hundred dollars, whichever is greater.
You and XtraMath agree that any cause of action arising out of or relating to these Terms or your use of (or inability to use) XtraMath, or any interactions with XtraMath, must commence within ONE YEAR after the cause of action accrues. Failure to commence a cause of action within this time limit will result in a permanent bar on the cause of action.
We are not responsible for any consequences of your use of XtraMath.
8. Indemnification. You agree to indemnify, defend, and hold harmless XtraMath, its affiliated contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of XtraMath, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by you or by any child/student associated with you. XtraMath reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify XtraMath, and you agree to cooperate with XtraMath’s defense of these claims. XtraMath will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
We may need to change these terms, but we will provide advance notice of any substantial changes.
9. Modification of Terms. XtraMath reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time. We will provide notice of such changes on our website and in our mobile apps. Your or your child’s/student’s continued use of XtraMath after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, XtraMath will make a reasonable effort to provide advance notice to you of such amended Terms, such as by an email notification to the address associated with your account (subject to your email delivery preferences) or by posting a notice on the XtraMath website. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
Any claims made against us must be filed in King County, Washington.
10. Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or your use of (or inability to use) XtraMath, or any interactions with XtraMath, will be filed only in the state or federal courts in and for King County, Washington, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
These final provisions make our Terms more binding. Like everything else, these also apply to our Privacy Policy.
11. Waiver. The failure of XtraMath to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by XtraMath.
12. Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
13. Headings and Summaries. The heading references and section summaries herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
14. Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and XtraMath relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms or Privacy Policy as set forth herein.
15. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without XtraMath’s prior written consent, but may be assigned by XtraMath without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
XtraMath is committed to protecting data privacy. We strictly adhere to this Privacy Policy, which explains what user data we collect and how we use it. This policy and our Terms of Service are known collectively as our “Terms.” We may change these Terms from time to time, but will provide notice as specified in the Terms of Service document
This policy is effective May 25, 2018, and replaces our prior privacy policy.
XtraMath collects the minimum amount of data required to operate our program. Below we summarize the data we collect on students, teachers, and parents. For an up-to-date list that shows what user data we collect, and how we use that data, see Appendix B, Record of Data Processing.
We collect a student’s first name, grade level, and program settings from the student’s parent or teacher. As the student uses XtraMath, we collect usage and performance data, such as when they signed in, how many questions they answered correctly, and how long it took them to answer questions. If a student signs in via a single sign-on provider, such as Google, we collect an identifier from the provider that allows us to authenticate their sign-in. We do not collect the student email address that may be used for such a sign-in.
Other personal information about the student could be inferred from data that we collect. If a student account belongs to a class, for example, then we could infer that they attend a certain school.
We collect a parent’s name and email address when they sign up for an account. If they sign up using a single sign-on provider, we also collect an identifier that allows us to authenticate their sign-in. We also collect some metadata and account settings, such as their time zone, the language they used to sign up, and their email preferences.
A parent supplies a password when they create an account. The password is hashed (scrambled) on the user’s computer before it is ever sent to XtraMath. We do not have access to a user’s original password, and cannot obtain it from the hashed version that we receive.
Other personal information about the parent could be inferred from data that we collect. For example, we could infer that a parent whose account is linked to a student account is the parent or guardian of that student.
We collect the same data for teacher accounts as parent accounts, with a few additions. For example, we collect the name by which students address the teacher, such as “Ms. Smith.” We also collect information about each class that the teacher creates, such as its name and its end date.
Other personal information about the teacher could be inferred from data we collect. For example, we could infer that the teacher works at a specific school based on their email address.
XtraMath processes user data in order to establish and maintain accounts, to provide educational activities to students, to compile and deliver reports about those activities to teachers and parents, and to understand and improve our program’s effectiveness. For an up-to-date list that shows the specific types of user data we collect, and how we use that data, see Appendix B, Record of Data Processing.
A student’s Personal Data is used internally to provide the student with appropriate educational activities, and to report their performance to their parents and teachers. We may access student Personal Data when providing customer support or investigating a reported issue with our program.
A parent’s or teacher’s Personal Data is used internally for sign-in purposes and, with permission, to send them reports, announcements, and alerts related to XtraMath. We may access a parent’s or teacher’s Personal Data when providing them with requested support.
We release Personal Data to third parties only in the following circumstances:
XtraMath never releases Personal Data for any kind of third-party advertising.
We may use de-identified usage data internally to analyze and improve our educational services, and to develop new products or features. We will never attempt to re-identify data that has been de-identified.
We may release de-identified data to educational researchers for the purpose of evaluating the effectiveness of our program. We will not release de-identified data unless we are confident it cannot be re-identified, due to the removal of all direct and indirect personal identifiers, and the educational researchers have agreed in writing that they will not attempt to re-identify any individuals, classes, or Schools.
We may use aggregate de-identified data, such as the number of users of our service, for promotional purposes.
XtraMath takes security seriously. We implement a variety of industry-standard security measures to prevent any unauthorized access to our users’ data. Such measures include, but are not limited to: data minimization; encrypting data in transit via HTTPS; hashing sensitive data, like passwords; deletion of outdated data; locked physical facilities; employee training; and administrator account security.
XtraMath stores and processes all data on servers in the United States. All servers that store XtraMath data are operated by trusted third party processors with whom we have contractual Data Processing Addendums. Our providers are certified under the EU-US Privacy Shield and Swiss-US Privacy Shield, to better protect the data of our international users. For details, see Appendix A, List of Third Party Providers.
While we use industry-standard practices to safeguard data, no service can guarantee absolute data security. We have a Breach Response Plan, which we will follow if we ever discover that Personal Data has been accessed improperly. As part of our response, we will: take action to stop further data loss or unauthorized access; investigate how the breach occurred; promptly contact all affected users via email; and contact law enforcement and government agencies when appropriate.
XtraMath retains Personal Data only for as long as necessary to ensure continuity of math skill-building for students, and for the convenience of parents and teachers. We close user accounts, and delete all associated identifiable data, upon request. Most types of data are also deleted automatically after a certain amount of time has passed. For details, see Appendix B, Record of Data Processing.
We may retain de-identified, aggregate data, which cannot identify any individual user, for research and program improvement purposes. Such data is deleted once no longer necessary for these purposes.
We will provide certification of data deletion upon request.
XtraMath intends to comply with the data privacy and data protection laws of all jurisdictions where it operates. See the XtraMath and Student Data Privacy whitepaper for the latest information on compliance. Some specific examples of legislation that we comply with are described below.
Children’s Online Privacy Protection Act (COPPA): As a non-profit organization, XtraMath is not subject to COPPA. Nevertheless, we fully comply with the law as if we were subject to it. Children under the age of 13 may not create accounts. We only collect usage and performance data from students as a result of their performing educational activities, and we only use that data for educational purposes. If we gain actual knowledge that a child is using XtraMath without the appropriate consent, we terminate the account.
Family Education Rights Protection Act (FERPA): Schools in the United States may provide student data to XtraMath while complying with FERPA. When a School provides us with a student’s Personal Data (or PII — Personally Identifiable Information) under the FERPA school official exemption, they remain in control of that data. XtraMath will only use and disclose that data as specified in our Terms and as allowed by law.
General Data Protection Regulation (GDPR): XtraMath affirms and respects all data subject's rights under GDPR. We minimize the data we collect and process, and use data only as described in this policy. For detailed information about what data we process, for what purpose, for how long, and our basis for doing so under the GDPR, see Appendix B, Record of Data Processing. To object to processing, or to request data deletion or access, contact our Data Protection Officer at privacy@xtramath.org.
XtraMath intends to discontinue the use of cookies by August 1, 2018.
XtraMath uses two types of cookies. These cookies can be cleared via browser settings - aboutcookies.org provides cookie management instructions for many specific browsers.
The XtraMath website uses “LocalStorage” files to remember a user’s sign-in information (if they choose to do so). We also use “SessionStorage” to improve performance during student activities by temporarily storing activity data on the device. Use of LocalStorage and SessionStorage is not required to use XtraMath. Users can remove remembered sign-in information at any time via the appropriate sign-in page. Users can also clear all LocalStorage by using the “Clear now” button on our support page, or via browser settings.
The XtraMath mobile apps use application data for the same purposes as browser LocalStorage and SessionStorage. Users can still remove remembered sign-in information via the app’s sign-in pages. Uninstalling the app will remove all locally stored data. Some devices also allow users to clear locally stored app data without uninstalling the app.
For data privacy questions or concerns, to object to processing, or to request access to or deletion of your or your child’s Personal Data, email us at privacy@xtramath.org. You may also write to us at: XtraMath, 4700 42nd Ave SW #580, Seattle, WA 98116
This list will be kept up-to-date to include all third-party providers with which XtraMath shares user data.
| Provider Name | Data shared with Provider | Purpose | Relevant Policies |
|---|---|---|---|
| AWS | User account data, including name, email address, and program usage. | Database hosting via remote servers | Privacy Policy |
| Anonymous ID created by cookie | Website Analytics | Privacy Policy Opt-out Browser Add-on | |
| Maxmind | IP adddress | Geolocation Service | Privacy Policy |
| Vimeo | Anonymous ID created by cookie, video player settings | Enable playback of embedded videos (remember volume, if video is paused, etc) | Privacy Policy |
We have compiled this record in order to provide users with as much transparency as possible into how we use their data. This record also helps us to comply with European law. Unless otherwise noted in the record below, we process user data based on our legitimate interests.
| Account Type | Type of Data | Processing Purpose | Deletion |
|---|---|---|---|
| Student | First name, PIN, parent or teacher email, class | Account access and identification | Upon account closure1. Some information is deleted upon removal from the class or linked account. |
| Single-sign-on provider and hashed ID | Account access using optional 3rd party credential | Upon request or account closure1 | |
| Grade level | Determine initial activity level. When de-identified and aggregated, used to analyze program usage. | Upon account closure1 | |
| Program settings: current program, UI options, preferred language, etc. | Activity customization. When de-identified and aggregated, used to analyze program usage. | Upon account closure1 | |
| Activity Data | Activity customization and creation of progress reports. When de-identified and aggregated, used to analyze program usage. | Upon account closure1. Some data is deleted when user restarts a program. Detailed activity data is deleted after one year. | |
| Parent or Teacher | Name, “addressed as” name, email address, hashed password | Account access and identification | Upon account closure2, 3 |
| Email address | Send announcements, alerts, reports, and/or reminders via email | Processing ceases upon request. Data deletion upon account closure2, 3 | |
| Email address | Share with linked accounts that have access to same student or class (for increased transparency and security of student data) | Data deletion upon account closure2, 3 | |
| Account settings: account type, email preferences, time zone, etc. | Create progress reports and maintain data preferences | Upon account closure2, 3 | |
| Electronic identifiers: account change timestamps, version number, etc. | Technical support and account security | Upon account closure2, 3 | |
| Single-sign-on provider and hashed ID | Account access using optional 3rd party credential | Upon request or account closure2, 3 | |
| IP address | Determine time zone upon sign-up | Not stored | |
| Hashed IP address | Account security | After 1 year or upon account closure2, 3 | |
| Teacher | Hashed IP address | Expedite classroom setup on multiple devices | After 24 hours |
| Class name, class end date, student names | Create progress reports and facilitate program usage | Upon request, account closure3, or one year after class end date. | |
| All Users | Hashed IP address, change logs | Network security | After 90 days |
| De-identified and aggregated usage data | Product improvement and development, promotional activities, and educational research | Until no longer useful |