These Terms of Use (this “Agreement”) govern your access to and use of Math Fluency Assessment (“MFA,” the “Service”), including the website at mathfluencyassessment.org and the application at app.mathfluencyassessment.org. The Service is operated by EdTech Games, LLC (“EdTech Games,” “we,” “us,” or “the Company”), a Utah limited liability company. By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree, do not use the Service.
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Math Fluency Assessment is a tool for measuring students’ math-fact fluency and comparing instructional approaches. The Service is provided to schools, districts, educators, and authorized users for educational purposes. We may update, improve, or modify the Service, and may add or remove features, at any time.
Access to the assessment application requires an account. Accounts are typically created and provisioned by a school or district. The Service shares a single account and sign-on system with our companion service, EdTech Games; a single login may work across both services, which are operated by EdTech Games, LLC.
You are responsible for maintaining the confidentiality of account credentials and for activity that occurs under an account in your control. You agree to provide accurate information and to notify us promptly of any unauthorized use. Schools and districts are responsible for managing the accounts they provision and for obtaining any consents required for their users.
You agree not to, and not to permit others to:
The Service, including all software, content, and related materials, and all intellectual property rights in them, are and remain the exclusive property of EdTech Games and its licensors. The Service is protected by United States and international copyright, trademark, and other intellectual property laws. Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended educational purposes. We reserve all rights not expressly granted to you.
Our handling of personal information, including student education records, is described in our Privacy Policy, which is incorporated into this Agreement by reference. In providing the Service to an educational agency or institution, EdTech Games acts as a “school official” / contractor under FERPA and operates under the direct control of the agency or institution with respect to education records. We do not re-disclose education records except as permitted by the school or district and applicable law.
We may use de-identified and aggregated data derived from use of the Service to evaluate, improve, and report on the effectiveness of the Service, and may share de-identified data with academic research partners under written agreement, as described in our Privacy Policy. Public reports, evaluations, and publications will not contain individual student identifying information.
The Service may rely on or link to third-party services and websites. We are not responsible for the availability, content, or practices of third parties. Your use of any third-party service is at your own risk and may be governed by that third party’s own terms and policies.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE COMPANY IS NOT LIABLE FOR DELAYS OR NON-PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR, IF GREATER, THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company from and against any claims, losses, damages, and reasonable costs (including legal fees) arising out of your breach of this Agreement or your misuse of the Service. This section does not apply to public schools, districts, or other governmental entities to the extent such indemnification is prohibited by applicable law.
This Agreement applies while you use the Service. We may suspend or terminate access at any time if you breach this Agreement or to protect the Service, our users, or third parties. Provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — will survive.
This Agreement is governed by the laws of the State of Utah and the United States, without regard to conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Except where prohibited by applicable law (including for public schools, districts, and governmental entities), the parties agree to resolve any dispute relating to this Agreement by binding arbitration conducted in Salt Lake City, Utah, under recognized commercial arbitration rules; either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information. If any provision of this Agreement is found unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue in full force and effect.
We may update this Agreement from time to time. The date of the most recent revision appears at the top of this page. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Agreement.
Questions about this Agreement may be directed to:
EdTech Games, LLC
Email: contact@edtechgames.com
Phone: (888) 338-3244
