Terms of Service

These Terms of Service (“Terms”) govern your access to and use of PM Math (the “Service”), operated by Vertex Learning Systems (“we,” “us,” or “our”). By creating an account, subscribing, or using the Service, you agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

The Service is intended for parents, legal guardians, and educators who create and manage accounts on behalf of K–5 students. You must be at least 18 years old to create an account.

PM Math is designed for accounts created and managed by adults. When you create a student profile, you represent that you are the student’s parent or legal guardian, or that you are otherwise authorized to act on the parent’s behalf. Vertex Learning Systems will collect, use, retain, and delete student information as described in our Privacy Policy and in accordance with applicable children’s privacy requirements.

If you are an educator creating profiles for students, you are responsible for ensuring you have any required parental or school authorization before providing student information.

You are responsible for the accuracy of the information you provide and for keeping your login credentials secure. Do not share your password. A single account may include multiple student profiles (up to a reasonable limit we set), all created and managed by the account owner. You are responsible for all activity under your account, including activity on any student profiles you add.

You may remove student profiles in Settings. You may request access to, correction of, or deletion of student profile information, or deletion of your account, from Settings or by contacting us as described in Section 16. Account deletion requests are processed manually within a reasonable period (typically within 30 days), except where retention is required by law.

The Service is offered on a paid subscription basis (monthly or annual). Payments are processed by our payment provider, Stripe. By subscribing, you authorize us (and Stripe) to charge your payment method on a recurring basis for the applicable fees, plus any applicable taxes, until you cancel.

Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel before the renewal date. If we change the price of your plan, we will provide notice (for example, by email or in-product notice) before the new price takes effect. If you do not agree to the new price, cancel before the change applies.

If a payment fails, we may retry the charge, suspend access to paid features, or cancel the subscription until payment is successfully processed. You remain responsible for amounts due for the period before cancellation or suspension.

You may cancel at any time from the Settings page, which opens the Stripe Customer Portal. When you cancel, you retain access through the end of your current billing period, and you will not be charged for subsequent periods. Except where required by law, fees are non-refundable and we do not provide prorated refunds for partial billing periods.

You agree not to misuse the Service, including by:

• Accessing the Service through unauthorized means, bypassing security or access controls, or probing or disrupting our systems
• Reverse engineering, copying, scraping, or redistributing the Service or its content, except as allowed by law
• Reselling, sublicensing, or sharing account access outside your household or authorized classroom use
• Using the Service in any way that violates applicable law or infringes the rights of others

We may suspend or terminate access if we reasonably believe you have violated these Terms.

PM Math provides practice content aligned to the Florida B.E.S.T. Mathematics Standards. It is a study and practice aid and is not affiliated with, endorsed by, or sponsored by the Florida Department of Education or any official testing program. We do not guarantee any particular test score, grade, or educational outcome.

The Service and its content, features, and functionality are owned by Vertex Learning Systems and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for educational purposes for the students associated with your account — including household use by a parent or guardian, and instructional use by an authorized educator — and not for resale or other commercial redistribution of the Service or its content.

The Service relies on third-party providers, including Supabase (authentication and database hosting) and Stripe (payment processing). Your use of those services may also be subject to their terms and privacy policies. We are not responsible for third-party services we do not control, except to the extent required by law.

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access, or delete student profiles or accounts, if you breach these Terms, if required by law, or if we discontinue the Service. Upon termination, your license to use the Service ends. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VERTEX LEARNING SYSTEMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold harmless Vertex Learning Systems and its officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Service, your breach of these Terms, or your creation or management of student profiles without proper authority or consent.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice (for example, by email or in-product notice). If you continue to use the Service after the updated Terms take effect, you accept the changes. If you do not agree, stop using the Service and cancel your subscription.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Subject to applicable law, courts located in Florida will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, except that we may seek injunctive relief in any jurisdiction to protect our intellectual property or Service.

These Terms are the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject. If any provision is found unenforceable, the remaining provisions will remain in effect. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

Questions about these Terms? Reach us at support@vertexlearningsystems.com .